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Madras High CourtCRL OP/4273/2016ordered

Koothan v. The State Rep. By Its

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.4273 of 2016 Koothan .. Petitioner/1st Accused .. Vs ..

The State rep. by its Deputy Superintendent of Police, Athur Police Station, Salem District.

Crime No.81 of 2016.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Principal District and Sessions Judge, Salem, to accept the surrender of the petitioner in Cr.No.81 of 2016 on the file of the respondent and after such acceptance, to take up and dispose of the bail application of the petitioner herein on the same day of his surrender in accordance with law.

For Petitioner :

Mr.A.Sirajudeen For Respondent :

Mr.C.Emalias, Additional Public Prosecutor - - - - -

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 341, 294(B), 323, 324, 506

(2) of the Indian Penal Code and r/w Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.81 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge, Salem, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.81 of 2016.

3. Perused the records.

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

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 District and Sessions Judge, Salem, 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. Accordingly, this Criminal Original Petition is ordered. -s/dAssistant Registrar True Copy Sub-Assistant Regsitrar Jrl To

1. The Principal District and Sessions Judge, Salem.

2. The Deputy Superintendent of Police, Athur Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.A.Sirajudeen Advocate sr.12274 CRL.O.P.No.4273 of 2016 sal(co) aa10/03/2016 https://hcservices.ecourts.gov.in/hcservices/