Madras High CourtCRL OP/3138/2016ordered

Kuppusamy Gounder v. State By

2016-02-12Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3138 of 2016 Kuppusamy Gounder .. Petitioner Vs.

State rep. by Inspector of Police Dharapuram Police Station Tiruppur District.

.. Respondent (Crime No.107 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Special Judge for SC & ST Act Cases/Principal District Judge, Tiruppur to accept the surrender and consider the bail petition to be filed by the petitioner on the same day, on merits in connection with the case in Crime No.107 of 2016 pending investigation on the file of the respondent police.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioner, who apprehends arrest for the offences punishable under Sections 324 and 506(ii) IPC r/w. 3(1)(x), 3(1) (xi) of SC & ST (Prevention of Atrocities) Amendment Ordinance Act, 2014, in Crime No.107 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Special Judge for SC & ST Cases/Principal District Judge, Tiruppur, 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. 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 Special Judge for SC & ST Cases/Principal District Judge, Tiruppur, 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cse To 1.The Principal District Judge, Special Judge for SC & ST Cases Tiruppur 2.The Inspector of Police Dharapuram Police Station Tiruppur District.

3.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.N.Ponraj Advocate sr.9076 Crl.O.P.No.3138 of 2016 aa19/02/2016 https://hcservices.ecourts.gov.in/hcservices/