Mike Set Thanavel @ Thanavel v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.5401 of 2016 Mike Set Thanavel @ Thanavel .. Petitioner/Accused - 2 .. Vs ..

The State of Tamilnadu, Rep. by its Inspector, Neyveli Township Police Station, Block - 09, Neyveli Township.

Crime No.40 of 2016.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Sessions Court, Cuddalore Principal District Sessions Judge Cuddalore, Special Judge for Prevention of SC/ST Atrocities to accept surrender of the petitioner in Cr.No.40 of 2016 (On the file of Inspector of Police, Neyveli Township) and consequently consider the petitioner's bail application on the same day. For Petitioner :

Mr.P.Paramasiva Doss 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, 294(b), 341, 324 and 307 of IPC and altered into Sections 147, 148, 294(b), 341, 324 and 307 of IPC r/w. Sections 3 (1) (r) 3 (1) (s) and 3 (2) (v) (a) of SC & ST Act, 2014, in Crime No.40 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge, Cuddalore, Special Judge for Prevention of SC/ST Atrocities, to accept the surrender of the petitioner and consider his bail application on the same day on merits, relating to Crime No.40 of 2016.

3. Perused the records.

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

4. The learned Additional Public Prosecutor would submit that the injured has already 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, Cuddalore, Special Judge for Prevention of SC/ST Atrocities, 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.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar Jrl To

1. The Principal District and Sessions Judge, Cuddalore, Special Judge for Prevention of SC/ST Atrocities.

2. The Inspector, Neyveli Township Police Station, Block - 09, Neyveli Township.

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr.P. Paramasivadoss, Advocate, Sr. 18163 CRL.O.P.No.5401 of 2016 RSI (CO) kk 23/3 https://hcservices.ecourts.gov.in/hcservices/