Madras High Court
Kannan vs State Rep. By on 16 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Criminal Original Petition (MD) No.17645 of 2015
1.Kannan
2.Senthilkumar : Petitioners
Vs.
State Rep. by
The Inspector of Police,
Koothanallur Police Station,
Thiruvarur District.
(Cr.No.297/2015). : Respondent
PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to
direct the learned Additional Sessions Judge for SC/ST (Prevention of
Atrocities) Act, PCR Court, Thanjavur, to consider the bail application of
the petitioners on the same day of their surrender in Crime No.297 of 2015 on
the file of the respondent police.
!For Petitioners : Mr.R.John Sathyan
For Respondent : Mr.P.Kannithevan,
Government Advocate (Crl.Side)
:ORDER
Heard both sides.
2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 324, 506(ii), 307 IPC and Section 3(1)(X) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.297 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same day on merits.
3. Perused the records.
4. The learned Government Advocate (Criminal side) 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 Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur, 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.
To
1.The Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur.
2.The Inspector of Police, Koothanallur Police Station, Thiruvarur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.