Allowed

R.Vijayakanth v. the Deputy Superintendent of

Madras HC4 Apr 2016CRL OP/7445/2016

Case brief

AI extract

What is this about?

This Criminal Original Petition directed the Special Judge under the SC/ST (Prevention of Atrocities) Act to accept the petitioners' surrender and consider their bail application on the same day on merits. The court held that the offences, other than the Special Act, were not serious enough to warrant initial detention.

What did the court decide?

Direct the learned Principal Sessions Judge to accept the surrender of the petitioners and consider their bail application on the same day on merits.

R.Vijayakanth Vs the Deputy Superintendent of — Service and Employment | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 04.04.2016

¶3

CORAM:

¶4

THE HONOURABLE MS.JUSTICE R.MALA

¶5

Crl.O.P.No.7445 of 2016

¶6

1.R.Vijayakanth

¶7

2.D.Manimaran
3.K.Pugalendhi
4.Kamaraj
5.R.Vinodh
6.P.Surendiran ... Petitioners
Vs.
State rep. by
1.The Deputy Superintendent of Police
Gudiyatham, Vellore District.
2.The Inspector of Police,
K.V.Kuppam Police Station,
Vellore District.
(Crime No.225 of 2013) ... Respondents
Prayer :

¶8

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of Atrocities) Act), Vellore District to accept their surrender and consider the bail petition on the same day on merits in Crime No.225/2013 on the file of 2^nd respondent viz., the Inspector of Police, K.V.Kuppam, Vellore.

¶9

Heard both sides.

¶10

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 294(b), 355, 323, 506(ii) IPC r/w 3(1)(x) of SC/ ST (Prevention of Atrocities) Act, in Crime No. 225 of 2013 on the file of the second respondent police, move this petition seeking a direction to the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of

¶11

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

¶12

Atrocities) Act, Vellore District, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

¶13

3.Perused the records.

¶14

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.

¶15

5.Therefore, the learned Principal Sessions Judge (Special Judge under SC/ST (Prevention of Atrocities) Act, Vellore District, 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.

¶16

6.Accordingly, this Criminal Original Petition is ordered.
pri Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1.The Principal Sessions Judge
(Special Judge under SC/ST (Prevention
of Atrocities) Act), Vellore District.
2.The Deputy Superintendent of Police
Gudiyatham, Vellore District.
3.The Inspector of Police,
K.V.Kuppam Police Station,
Vellore District.
(Crime No.225 of 2013)
4.The Public Prosecutor, High Court, Madras.
+ 1 cc to Mr.M.P.Jayaprakash, Advocate Sr 21550
KR/13/4/16

¶17

Crl.O.P.No.7445 of 2016

¶18

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

R.Vijayakanth v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

R.Vijayakanth v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thirumeni, Vs M. Abirami

Mrs.Shaipunnisha Vs Nazeema Begum

The Inspector of Police Vs Sin Hyeon Cheon

Thulukkanan Vs the Commissioner of Police

V.Beema Rao Vs the State Rep. by

U.Baskar Vs the State Rep. by