Madras High CourtCRL OP/7300/2016ordered

C.Sivakumar v. State Rep By

2016-04-07Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7300 of 2016 1.C.Sivakumar 2.Chitra ... Petitioners Vs.

State rep. by The Inspector of Police, Thudialur All Women Police Station, Coimbatore District.

(Crime No.14 of 2016) ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Principal Sessions Judge, Coimbatore Special Judge for Prevention of SC & ST Atrocities Act, to consider the bail application of the petitioners herein in Crime No.14 of 2016 on the file of the respondent police, on the same day of their surrender. For Petitioners : Mr.N.K.Ramesh For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 498(A), 307, 506(i) IPC r/w 3(1)(r), 3 (1)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Amended Act, 2015 in Crime No.14 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge, Coimbatore Special Judge for Prevention of SC & ST Atrocities Act, 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, Coimbatore Special Judge for Prevention of SC & ST Atrocities Act, 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. pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal Sessions Judge, Coimbatore Special Judge for Prevention of SC & ST Atrocities Act.

2.The Inspector of Police, Thudialur All Women Police Station, Coimbatore District.

(Crime No.14 of 2016) 3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N.K.Ramesh, Advocate Sr 22096 KR/18/4/16 Crl.O.P.No.7300 of 2016 https://hcservices.ecourts.gov.in/hcservices/