Madras High CourtCRL OP/5074/2016ordered

R.Palani v. The Inspector Of Police

2016-03-08Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5074 of 2016 1.R.Palani 2.S.Raja 3.S.Elumalai 4.S.Murugan 5.S.Thangaraj 6.M.Subash ... Petitioners Vs.

State by The Inspector of Police, Kizh Pennathur Police Station, Thiruvannamalai District.

Crime No.76 of 2016 ..Respondent 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/ST (Prevention of Atrocities) Act, 1989), Thiruvannamalai to consider and dispose of the bail application of the petitioners on merits in connection with the case in Crime No.76 of 2016 on the file of the Inspector of Police, Kizh Pennatur Police Station, Thiruvannamalai District on the same date of their surrender. For Petitioners : Mr.C.Munusamy For Respondent : Mr.C.Emalias Addl. Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(i) of IPC and 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.76 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC/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.

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3. Perused the records.

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/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.

6.Accordingly, this Criminal Original Petition is ordered.

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Kizh Pennathur Police Station, Thiruvannamalai District.

2.The Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Thiruvannamalai.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to MR.C.MUNUSAMY, ADVOCATE SR 14580 KR/15/3/16 Crl.O.P.No.5074 of 2016 https://hcservices.ecourts.gov.in/hcservices/