Madras High CourtCRL OP/5506/2016ordered

Venu, v. State Rep. By Inspector Of

2016-03-11Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5506 of 2016 Venu ... Petitioner/Accused No.1 Vs.

State by Inspector of Police W3 Anaimalai Police Station Coimbatore District.

.. Respondent (Crime No.93 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Coimbatore and Special Judge for SC & ST Act to consider his bail application on the same day on surrender of this petitioner in Crime No.93 of 2016 on the file of the respondent police.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323, 506(ii) IPC r/w Section 3(1)(r)3(1)(s) 3(2)(v-a) of SC & ST (POA) Act, 1989, as amended in 2015 in Crime No.93 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge, Coimbatore and Special Judge for SC & ST Act, to accept the surrender of the petitioner and consider his 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, Coimbatore and Special Judge for SC & ST Act, 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.

7. Accordingly, this Criminal Original Petition is ordered.

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal District and Sessions Judge, Coimbatore and Special Judge for SC & ST Act 2.The Inspector of Police, W3 Anaimalai Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.M.N.Balakrishnan, Advocate Sr 15896 KR/21/3/16 Crl.O.P.No.5506 of 2016 https://hcservices.ecourts.gov.in/hcservices/