Madras High CourtCRL OP/4682/2016ordered

K. Rajesh, v. State By Inspector Of Police,

2016-03-03Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4682 of 2016 1.K.Rajesh 2.S.Kumar @ Krishnaraj ... Petitioners/Accused Vs.

State rep. by Inspector of Police Kizh Pennathur police station Thiruvannamalai District.

... Respondent (Crime No.76 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Judge for SC and ST (Prevention of Atrocities) Act, 1989), Thiruvannamalai, to consider the bail application of the petitioners in Crime No.76 of 2016 on the file of the respondent police, on the same day of their surrender. For Petitioners : Mr.C.Munusamy For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506 (i) IPC r/w Section 3(1)(r) of SC & ST (Prevention of Atrocities) Act, 1989, in Crime No.76 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC and ST (Prevention of Atrocities) Act, 1989), Thiruvannamalai, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

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

4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital.

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 (Special Judge for SC and ST (Prevention of Atrocities) Act, 1989), Thiruvannamalai, 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.

7. Accordingly, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kj To 1.The Principal District and Sessions Judge (Special Judge for SC and ST (Prevention of Atrocities) Act, 1989) Thiruvannamalai.

2.The Inspector of Police Kizh Pennathur police station Thiruvannamalai District.

3.The Public Prosecutor High Court, Chennai.

+1cc to Mr.C.Munusamy, Advocate, S.R.No.13507 Crl.O.P.No.4682 of 2016 AK(CO) CA(03/03/2016) https://hcservices.ecourts.gov.in/hcservices/