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Madras High CourtCRL OP/5641/2016ordered

Karthikeyan v. The State Rep By

2016-03-28Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5641 of 2016 1.Karthikeyan 2.Mallika ... Petitioners/Accused 2 & 3 Vs.

The State rep.by :

The Inspector of Police, All Women Police Station, Mayiladudurai, Nagapattinam District.

... Respondent/Complainant Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned First Additional Sessions Judge (PCR), Thanjavur to accept the surrender of petitioners and also consider and pass orders on the very same day in their bail applications in connection with the Crime No.5/2016 on the file of respondent police.

For Petitioners : Mr.S.Sounthar For Respondent : Mr.C.Emalias Addl. Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 417, 498(A), 376 of I.P.C. r/w Section 3(1)(r), 3(1)(s) and 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.5 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned First Additional Sessions Judge (PCR), Thanjavur 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 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 First Additional Sessions Judge (PCR), Thanjavur, 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, All Women Police Station, Mayiladudurai, Nagapattinam District.

2.The First Additional Sessions Judge (PCR), Thanjavur.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.S.Sounthar, Advocate Sr 19067 KR/31/3/16 Crl.O.P.No.5641 of 2016 https://hcservices.ecourts.gov.in/hcservices/