Allowed

Kuppusamy Gounder v. State by

Madras HC12 Feb 2016CRL OP/3138/2016

Case brief

AI extract

What is this about?

The Special Public Prosecutor submitted that the injured was discharged. The High Court directed the Special Judge to accept the petitioner's surrender and consider the bail application immediately on merits, noting the offences under IPC Sections 324 and 506 may not warrant initial detention.

What did the court decide?

Direction to the Special Judge for SC & ST Cases/Principal District Judge, Tiruppur to accept surrender and consider bail application on the same day on merits.

Kuppusamy Gounder Vs State by — Caste Atrocities | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.02.2016

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CORAM :

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THE HONOURABLE MS. JUSTICE R.MALA

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Crl.O.P.No.3138 of 2016

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Kuppusamy Gounder .. Petitioner Vs. State rep. by Inspector of Police Dharapuram Police Station Tiruppur District. .. Respondent (Crime No.107 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Special Judge for SC & ST Act Cases/Principal District Judge, Tiruppur to accept the surrender and consider the bail petition to be filed by the petitioner on the same day, on merits in connection with the case in Crime No.107 of 2016 pending investigation on the file of the respondent police. For Petitioner : Mr.N.Ponraj For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER Heard both sides.

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2.The petitioner, who apprehends arrest for the offences punishable under Sections 324 and 506(ii) IPC r/w. 3(1)(x), 3(1) (xi) of SC & ST (Prevention of Atrocities) Amendment Ordinance Act, 2014, in Crime No.107 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Special Judge for SC & ST Cases/Principal District Judge, Tiruppur, to accept the surrender of the petitioner and consider his bail application on the same day on merits.

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3.Perused the records.

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4.The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital.

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

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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.

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6.Therefore, the learned Special Judge for SC & ST Cases/Principal District Judge, Tiruppur, 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.

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7.Accordingly, this Criminal Original Petition is ordered.

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-s/dAssistant Registrar True Copy Sub-Assistant Registrar cse To 1.The Principal District Judge, Special Judge for SC & ST Cases Tiruppur 2.The Inspector of Police Dharapuram Police Station Tiruppur District. 3.The Public Prosecutor High Court, Chennai.

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+1 cc to Mr.N.Ponraj Advocate sr.9076

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Crl.O.P.No.3138 of 2016

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aa19/02/2016

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

Kuppusamy Gounder v. State by

Case brief

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What did the court decide?

Kuppusamy Gounder v. State by

Case brief

What is this about?

What did the court decide?

What the court decided

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