Madras High CourtCRL OP/7590/2016ordered

A.Jeeva v. The Inspector Of Police

2016-04-06Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7590 of 2016 1.A.Jeeva 2.S.Kumar 3.A.Velavan 4.B.Arun ... Petitioners/Accused Vs.

State rep. by Inspector of Police, Malliyakarai Police Station, Salem District.

Crime No.58 of 2016 ... Respondent/Complainant Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.58/2016 on the file of the respondent police.

For Petitioners : Mr.R.Nalliyappan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 324, 354 IPC r/w 3(i)(r)(s) and 3(2) (VA) of SC & ST Prevention of Atrocities Act, in Crime No.58 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem, 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 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 and Special Judge for Prevention of SC & ST Atrocities Act, Salem, 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 and Special Judge for Prevention of SC & ST Atrocities Act, Salem.

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

Crime No.58 of 2016 3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Nalliyappan, Advocate Sr 22033 KR/13/4/16 Crl.O.P.No.7590 of 2016 https://hcservices.ecourts.gov.in/hcservices/