Madras High CourtCRL OP/6130/2016ordered

S. Manikandan, v. State By The Inspector Of

2016-03-18Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.6130 of 2016

1. S.Manikandan

2. Prabakaran

3. Ramchandran

4. Manivannan

5. Ayyadurai .. Petitioners/Accused .. Vs ..

State rep. by, The Inspector of Police, Mechheri Police Station, Salem District.

Crime No.70 of 2016.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge, Salem, Special Judge for Prevention of SC & ST Atrocities Act, to consider the surrender and bail application of the petitioners on the same day in Crime No.70 of 2016 on the file of the respondent police.

For Petitioners:

Mr.B.Mahendra Naidu 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, 323 and 324 of the Indian Penal Code r/w Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.70 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge, Salem, Special Judge for Prevention of SC & ST Atrocities Act, to accept the surrender of the petitioners and consider their bail applications on the same day on merits, in relating to Crime No.70 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 Sessions Judge, Salem, Special Judge for Prevention of SC & ST Atrocities Act, is directed to accept the surrender of the petitioners and consider their bail applications 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 /true copy/ Sub Asst. Registrar Jrl To

1. The Principal Sessions Judge, Special Judge for Prevention of SC & ST Atrocities Act, Salem.

2. The Inspector of Police, Mechheri Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6130 of 2016 SKV (CO) kk 29/3 https://hcservices.ecourts.gov.in/hcservices/