Madras High CourtCRL OP/9637/2016ordered

N.Udayakumar v. The Inspector Of Police

2016-04-28Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.9637 of 2016 N.Udayakumar ... Petitioner Vs.

The State. Rep by its The Inspector of Police, Keezhaiyur Police Station, Nagappattinam District.

Crime No.87 of 2016 ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Special Court for SC/ST (Prevention of Atrocities) Act (The First Additional Sessions Court), Thanjavur, to consider the bail application of the petitioner sympathetically on the very same day in the event of his surrender before the concerned Court in Crime No.87 of 2016 on the file of the Inspector of Police, Keezhaiyur Police Station, Nagappattinam District.

For Petitioner : M/s.Greetha Senthilkumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard both sides.

2.The petitioner, who apprehends arrest for the offences punishable under Sections 294 (b), 352 of IPC and 3(i)(x) of SC/ST (Prevention of Atrocities) Act in Crime No.87 of 2016 on the file of the respondent police, moved this petition seeking a direction to the Special Court for SC/ST (Prevention of Atrocities) Act (The First Additional Sessions Court), Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day on merits. 3.Perused the records.

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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 (Prevention of Atrocities) Act (The First Additional Sessions Court), Thanjavur, is directed to accept the surrender of the petitioner and consider his 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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The First Additional Sessions Judge, The Special Court for SC/ST (Prevention of Atrocities) Act Thanjavur.

2.The Inspector of Police, Keezhaiyur Police Station, Nagappattinam District.

Crime No.87 of 2016.

3.The Public Prosecutor High Court, Madras.

+1cc to M/S.Greetha Senthilkumar, Advocate Sr.27296 Crl.O.P.No.9637 of 2016 ak[co] srg 17/05/2016 https://hcservices.ecourts.gov.in/hcservices/