Madras High CourtCRL OP/2349/2016ordered

Saminathan v. The State Rep. By

2016-02-09Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2349 of 2016 1.Saminathan 2.Sakthivel 3.Dharmalingam (Oorgounder) 4.Maarukutti ... Petitioners/Accused Vs.

State rep. by Inspector of Police Annur Police Station Coimbatore District.

.. Respondent/complinant (Crime No.22 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Coimbatore District to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.22 of 2016 on the file of the respondent police.

For Petitioners : Mr.M.Mariappan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323, 324, 506(ii) IPC r/w Section 3(2), (V(a)) of SC &ST (Prevention of Atrocities) Amendment Act, 2014, in Crime No.22 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge, Coimbatore District, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Judge, Coimbatore District, 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kj To 1.The Principal District and Sessions Judge, Coimbatore District.

2.Inspector of Police Annur Police Station Coimbatore District.

3.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.M.Mariappan Advocate sr.8637 Crl.O.P.No.2349 of 2016 aa12/02/2016 https://hcservices.ecourts.gov.in/hcservices/