Madras High CourtCRL OP/2640/2016ordered

Pasupathi v. State Rep. By

2016-02-08Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2640 of 2016 Pasupathi ... Petitioner/Accused No.3 Vs.

State rep. by The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

.. Respondent/ Complainant (Crime No.197 of 2007) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Salem District, to accept the surrender of the petitioner pertaining to P.R.C.No.53 of 2009 on the file of the Deputy Superintendent of Police, Denkanikottai, Krishnagiri District the bail application of the petitioner on the same day.

For Petitioner : Mr.S.Joel For Respondent: : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Section 323 IPC r/w Sections 3 (i(iii), 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989, in Crime No.197 of 2007 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge, Salem District, 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 https://hcservices.ecourts.gov.in/hcservices/

submit that the investigation has been completed and charge sheet has been filed which was taken as P.R.C.No.53 of 2009.

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, Salem District, 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Principal District and Sessions Judge, Salem District.

2.The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

3.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.2640 of 2016 KK (CO) kk 17/2 https://hcservices.ecourts.gov.in/hcservices/