A.Krishnamoorthy v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7790 of 2016 1.A.Krishnamoorthy 2.A.Anandamumar 3.P.Gunasekaran ... Petitioners/Accused Nos.4 to 6 Vs.

1.The Deputy Superintendent of Police, Bhavani Sub Division, Erode District.

2.The Sub Inspector of Police, Appakoodal Police Station, Crime No.17 of 2016 Erode District.

... Respondents/Complainant Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Special Judge for SC & ST Act cases/ Principal Sessions Court, Erode to consider the bail petition to be filed by the petitioners, on their surrender on the same day on merits in connection with the case in Crime No.17 of 2016 pending investigation on the file of the 1st respondent police.

For Petitioners : Mr.N.manokaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 341, 294 (b) and 323 IPC and Section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.17 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Special Judge for SC & ST Act cases/ Principal Sessions Court, Erode, to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/

petitioners and consider their bail application on the same day on merits.

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 Special Judge for SC & ST Act cases/ Principal Sessions Court, Erode, 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. -s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Special Judge for SC & ST Act cases/ Principal Sessions Judge Erode.

2.The Deputy Superintendent of Police, Bhavani Sub Division, Erode District.

3.The Sub Inspector of Police, Appakoodal Police Station, Crime No.17 of 2016 Erode District.

4.The Additional Public Prosecutor, High Court, Madras. + 1 cc to Mr.N.Manokaran, Advocate Sr 22039 (26/4/16) Crl.O.P.No.7790 of 2016 aa15/04/2016 https://hcservices.ecourts.gov.in/hcservices/