Madras High CourtCRL OP/4250/2016ordered

A. Palani, W/O. Sivakumar, v. State By The Inspector Of

2016-02-26Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.4250 of 2016

1. A.Palani

2. Loguu

3. Velu .. Petitioners/Accused 1 to 3 .. Vs ..

State by, The Inspector of Police, Umarabath Police Station, Ambur Taluk, Vellore District.

Crime No.33 of 2016.

.. Respondent/Complainant Prayer:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the Principal Sessions Court, Vellore, Vellore District, to consider the bail application being filed by the petitioners along with their surrender application on the same day in Crime No.33/2016 on the file of the Inspector of Police, Umarabath Police Station, Ambur Taluk, Vellore District.

For Petitioners:

Mr.M.Duraimurugan For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 441, 294(b), 323, 436 and 506(i) of the Indian Penal Code r/w Section 3(1) (s), 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.33 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal Sessions Judge, Vellore, Vellore District, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.33 of 2016.

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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 learned Principal Sessions Judge, Vellore, Vellore 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. Accordingly, this Criminal Original Petition is ordered. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar Jrl To

1. The Principal Sessions Judge, Vellore, Vellore District.

2. The Inspector of Police, Umarabath Police Station, Ambur Taluk, Vellore District.

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr.M. Duraimurugan, Advocate, Sr. 12293 CRL.O.P.No.4250 of 2016 KK (CO) kk 10/3 https://hcservices.ecourts.gov.in/hcservices/