Madras High CourtCRL OP/4100/2016disposed of

Ayyasamy v. State Rep. By

2016-02-24Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4100 of 2016 Ayyasamy ... Petitioner/Accused No.1 Vs.

State rep. by Sub Inspector of Police Appakudal Police Station Erode District.

Crime No.17 of 2016 .. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Principal District and Sessions Court, Erode - Special Court for Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) to consider the bail application to be filed by the petitioner in Cr.No.17 of 2016 on the file of the respondent police on the same day.

For Petitioner :Mr.T.Murugamanickam For Respondent :Mr.C.Emalias Addl. Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 147, 341, 294(b), 323 IPC r/w. Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.17 of 2016 on the file of the respondent police, moves this petition seeking a direction to the Principal District and Sessions Court, Erode - Special Court for Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) to accept the surrender of the petitioner and consider his bail application on the same day on merits.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.

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3.Perused the records.

4.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.

5.Therefore, the Principal District and Sessions Court, Erode - Special Court for Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 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. 6.Accordingly, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To 1.The Sub Inspector of Police Appakudal Police Station Erode.

2.The Principal District and Sessions Court, Erode - Special Court for Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) 3.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.T.Murugamanickam, Advocate, sr.11547 Crl.O.P.No.4100 of 2016 ksj co kra 26.02.2016 https://hcservices.ecourts.gov.in/hcservices/