Madras High CourtCRL OP/4088/2015ordered

Pavun Kumar v. State Rep By

2015-02-17Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.4088 of 2015 Pavun Kumar

...Petitioner (Accused)

-VsState represented by The Inspector of Police, Thimiri Police Station Vellore District.

(Crime No.65/2015)

...Respondent (Complainant)

PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore to consider the bail application filed by the petitioner in connection with Crime No.65 of 2015 on the file of the respondent on his surrender on the same day. For Petitioner :

Mr.S.Sairaman For Respondent :

Mr.M.Maharaja, Additional Public Prosecutor

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 IPC r/w. 3(1)(x) of SC & ST (POA) amendment Ordinance 2014, in Crime No.65 of 2015 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.65 of 2015.

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3.Perused the records.

4.The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application. 5.Therefore, the learned Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore is directed to accept the surrender of the petitioner and consider his bail application on the very same day purely on the basis of merits and in accordance with law. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kj To

1. The Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore.

2. The Inspector of Police, Thimiri Police Station Vellore District.

3. The Public Prosecutor High Court, Madras.

1 CC to Mr.S.Sairaman, Advocate SR.No. 8371 Crl.O.P.No.4088 of 2015 CA (CO) PSI (25.02.2015) https://hcservices.ecourts.gov.in/hcservices/