Kumaresan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2218 of 2016 Kumaresan ... Petitioner/9th Accused Vs.

State rep. by Inspector of Police Thiruvennai Nallur Police Station Villupuram District.

.. Respondent (Crime No.98 of 2012) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Judge for SC and ST Act), Villupuram, to consider the surrender and pass favourable orders on the bail application filed by the petitioner on the same day in connection with P.R.C.No.6 of 2012 pending before the Judicial Magistrate, Ulundurpet.

For Petitioner : Mr.P.Vajravelu For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324, 341 and 506(ii) IPC r/w Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989, in P.R.C.No.6 of 2012 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC and ST Act), Villupuram, to accept the surrender of the petitioner and consider his bail application on the same day on merits.

3. Perused the records.

4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital.

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.

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6. Therefore, the learned Principal District and Sessions Judge (Special Judge for SC and ST Act), Villupuram, 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.

7. Accordingly, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Principal District and Sessions Judge (Special Judge for SC and ST Act), Villupuram. 2.Inspector of Police Thiruvennai Nallur Police Station Villupuram District.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.P. Vajravelu, Advocate SR.6773 Crl.O.P.No.2218 of 2016 NM(CO) Eu 09.02.16 https://hcservices.ecourts.gov.in/hcservices/