S. Sivasathiyamoorthi @ v. State Rep. By The Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6678 of 2016 1.S.Sivasathiyamoorthi @ Sivasathi 2.S.Pradeep 3.R.Karunatha Sathiyamoorthi @ Sathiyamoorthi 4.A.Ramasamy ... Petitioners/Accused 1 to 4 Vs.

State Rep.by :

The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

(Crime No.129 of 2016)

...Respondent/Complainant

Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Tiruppur to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.129 of 2016 on the file of the Inspector of Police, *Avinashipalayam Police Station, Tiruppur District on the same day of their surrender.

For Petitioners : Mr.V.P.Sengottuvel For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Section 506 (ii) of I.P.C. r/w Section 3 (1) (r) (3) (i) (s) & 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.129 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Tiruppur to accept the surrender of the petitioners and consider their bail application on the same day on merits.

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

3. Perused the records.

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 Principal Sessions Judge, Tiruppur, 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.

Sd/- Assistant Registrar(CS VI) *Corrected as per Order of this Court dated 12.05.2016 and made in Crl.O.P.No.6678 of 2016 Sd/-Assistant Registrar(CS IV) Dated : 13.05.2016 /true copy/ Sub Assistant Registrar cse To 1.The Inspector of Police, Avinashipalayam Police Station, To be Substituted to the Tiruppur District.

2.The Principal Sessions Judge Order already despatched (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Tiruppur.

on 01.04.2016 3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.V.P.Sengottuvel, Advocate SR.28245 Crl.O.P.No.6678 of 2016 AD(CO) KR 1/4/16 CA(13.05.2016) https://hcservices.ecourts.gov.in/hcservices/