Allowed

Pavun Kumar v. State Rep by

Madras HC17 Feb 2015CRL OP/4088/2015

Case brief

AI extract

What is this about?

In a criminal original petition, the Madras High Court directed the Principal District and Sessions Judge to accept the petitioner's surrender and consider his bail application on the merits without delay, noting the charges likely did not warrant initial detention.

What did the court decide?

Directed the Sessions Judge to accept surrender and consider bail application on the same day based on merits.

Pavun Kumar Vs State Rep by — Bail and Remand | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.02.2015

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CORAM

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THE HONOURABLE MS.JUSTICE R.MALA

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Crl.O.P.No.4088 of 2015

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Pavun Kumar

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...Petitioner (Accused)

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-VsState represented by The Inspector of Police, Thimiri Police Station Vellore District. (Crime No.65/2015) ...Respondent (Complainant)

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PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore to consider the bail application filed by the petitioner in connection with Crime No.65 of 2015 on the file of the respondent on his surrender on the same day.

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For Petitioner : Mr.S.Sairaman
For Respondent : Mr.M.Maharaja,
Additional Public Prosecutor
O R D E R

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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2.The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 IPC r/w. 3(1)(x) of SC & ST (POA) amendment Ordinance 2014, in Crime No.65 of 2015 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.65 of 2015.

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https://hcservices.ecourts.gov.in/hcservices/

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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.

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5.Therefore, the learned Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Vellore 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. Accordingly, this Criminal Original Petition is ordered.

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Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
kj
To
1. The Principal District and Sessions Judge
(Special Judge for SC & ST Act cases),
Vellore.
2. The Inspector of Police,
Thimiri Police Station
Vellore District.
3. The Public Prosecutor
High Court, Madras.
1 CC to Mr.S.Sairaman, Advocate SR.No. 8371
Crl.O.P.No.4088 of 2015
CA (CO)
PSI (25.02.2015)

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https://hcservices.ecourts.gov.in/hcservices/

Pavun Kumar v. State Rep by

Case brief

What is this about?

What did the court decide?

Pavun Kumar v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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