Bharathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.7053 of 2016 1.Bharathi 2.Muniyan

...Petitioners

Vs.

State Rep. by The Inspector of Police, Nallan Pillai Petrol Police Station, Villupuram District.

(Crime No.42 of 2016)

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the District & Sessions Court, Villupuram (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.42 of 2016 on the file of respondent police.

For Petitioners :

Mr.V.R.Appaswamee For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323, 324 IPC r/w 3(1) (r ) (s) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.42 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned District and Sessions Judge (Special Judge for S.C. & S.T. Act), Villupuram, 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 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 District and Sessions Judge (Special Judge for S.C. & S.T. Act), Villupuram, 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. vsm Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The District & Sessions Judge, (Special Judge for S.C. & S.T. Act), Villupuram.

2.The Inspector of Police, Nallan Pillai Petrol Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.V.R.Appaswamee, Advocate Sr 19760 KR/1/4/16 Crl.O.P.No.7053 of 2016 https://hcservices.ecourts.gov.in/hcservices/