S.Prabhakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1945 of 2016 1.S.Prabhakaran 2.P.Vimalam 3.C.Murugan ... Petitioners/Accused 2 to 4 Vs.

State rep. by Inspector of Police Morappur Police Station Dharmapuri District.

.. Respondent (Crime No.457 of 2015) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal Sessions Judge, Dharmapuri to consider the bail application of the petitioners in Crime No.457 of 2015 on the file of the respondent police, on the same day of surrender.

For Petitioners :Mr.V.P.Sengottuvel For Respondent :Mr.M.Mohamed Riyaz Govt. Adv. (Crl.side)

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324, 436 and 506(ii) IPC r/w 3(1)(x)(3)(ii)(v) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.457 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge, Dharmapuri, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

4. The learned Government Advocate (Criminal side) would submit that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5. 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.

6. Therefore, the learned Principal Sessions Judge, Dharmapuri, is directed to accept the surrender of the petitioners and consider their bail application on the very same day purely on the basis of merits and in accordance with law.

7. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Dharmapuri.

2.Inspector of Police Morappur Police Station Dharmapuri District.

3.The Public Prosecutor High Court, Chennai.

+1cc to M/S.V.P.Sengottuvel, Advocate, S.R.No.6572 Crl.O.P.No.1945 of 2016 vd(CO) srg(09/02/2016) https://hcservices.ecourts.gov.in/hcservices/