Madras High CourtCRL OP/2245/2016ordered

Vasanthkumar v. The Superintendent Of Police

2016-02-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2245 of 2016 1.Vasanthkumar 2.Gopalakrishnan 3.N.Manoj 4.P.Logeswaran 5.P.Chandiran 6.Manimala ... Petitioners/Accused Vs.

1.The Superintendent of Police Erode, Erode District.

2.The Inspector of Police Erode South Police Station Erode District.

.. Respondents Crime No.64 of 2016 Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal Sessions Judge (Special Judge for SC and ST Act cases), Erode, to consider the bail application of the petitioners on their surrender on the same day, on merits in connection with the case in Crime No.64 of 2016 pending investigation on the file of the first respondent police.

For Petitioners :Mr.R.Prabakar For Respondents :Mr.C.Emalias Addl. Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324 IPC r/w Section 3(1)(x) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.64 of 2016 on the file of the first respondent police, moves this petition seeking a direction to the learned Principal Sessions Judge (Special Judge for SC and ST Act cases), Erode, to accept the surrender of the petitioners and consider their bail application on the same day on merits. https://hcservices.ecourts.gov.in/hcservices/

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.

6.Therefore, the learned Principal Sessions Judge (Special Judge for SC and ST Act cases), Erode, 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/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cse To

1. The Principal Sessions Judge (Spl.Judge for SC & ST Act Cases), Erode 2.The Superintendent of Police Erode, Erode District.

3.The Inspector of Police Erode South Police Station Erode District.

4.The Public Prosecutor High Court, Chennai.

1 cc to M/s.R. Prabakar, Advocate, Sr. 7412 Crl.O.P.No.2245 of 2016 MP (CO) kk 12/2 https://hcservices.ecourts.gov.in/hcservices/