Ajithkumar, v. State Rep. By Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2016 CORAM :
THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6679 of 2016 1.Ajithkumar 2.Elavarasan 3.Prasanth ..Accused/Petitioners Vs.
1.State rep. by Inspector of Police Pennagaram Police Station Dharmapuri District.
(Crime No.96 of 2016) ..Complainant/Respondent 2.The Deputy Superintendent of Police, Pennagaram Police Sub-Division, Pennagaram, Dharamapuri District.
..Respondent/Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Dharmapuri, Dharmapuri District to consider the bail application of the petitioners in Crime No.96 of 2016 on the file of the Inspector of Police, Pennagaram Police Station, Dharamapuri District and consider their bail petition on the same day itself.
For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.C.Emalias Addl.Public Prosecutor
ORDER
Heard both sides.
2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323, 324 IPC r/w Section 3 (i)(x) of of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.96 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal District https://hcservices.ecourts.gov.in/hcservices/
and Sessions Judge, Dharmapuri, to accept the surrender of the petitioners and consider their bail application on the same day on merits.
3. Perused the records.
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, Dharmapuri, 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.
7. Accordingly, this Criminal Original Petition is ordered.
cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
2.The Deputy Superintendent of Police, Pennagaram Police Sub-Division, Pennagaram, Dharamapuri District.
3.The Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Dharmapuri.
4.The Public Prosecutor, High Court, Chennai. + 1 cc to M/s.A.G.Rajan, Advocate SR 18960 + 1 cc to Mr.M.R.Jothimanian, Advocate Sr 18966 (4/4/16) KR 1/4/16 Crl.O.P.No.6679 of 2016 https://hcservices.ecourts.gov.in/hcservices/