Disposed

R.Eswaran v. State Rep. by

Madras HC22 Apr 2016CRL OP/8901/2016

Case brief

AI extract

What is this about?

The Court directed the Principal Sessions Judge, Namakkal, to accept the petitioner's surrender in Crime No. 77 of 2016 and consider his bail application on the same day based purely on merits, noting that the offences were not serious enough to warrant initial detention.

What did the court decide?

Directed the Principal Sessions Judge, Namakkal, to accept the petitioner's surrender and consider his bail application on the same day purely on merits.

R.Eswaran Vs State Rep. by — Caste Atrocities | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.04.2016

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CORAM:

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THE HONOURABLE MS.JUSTICE R.MALA

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Crl.O.P.No.8901 of 2016

R.Eswaran

... Petitioner

Vs.

State. Rep by The Inspector of Police, Elachipalayam Police Station, Namakkal District,

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(Crime No.77 of 2016). ... Respondent

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Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge, Namakkal to consider the bail application of the petitioners herein in Crime No.77 of 2016 on the file of the respondent police, on the same day of surrender.

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For Petitioner : Mr.V.P.Sengottuvel

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For Respondent : Mr.C.Emalias Additional Public Prosecutor

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ORDER

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Heard both sides.

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2.The petitioner, who apprehends arrest for the offences punishable under Sections 294 (b) and 323 of IPC r/w. 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 in Crime No. 77 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge, Namakkal, 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 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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https://hcservices.ecourts.gov.in/hcservices/

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5.Therefore, the learned Principal Sessions Judge, Namakkal, 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/-
Asst.Registrar (CS VII )
/true copy/
Sub Asst. Registrar
pri
To
1.The Principal Sessions Judge,
Namakkal.
2.The Inspector of Police,
Elachipalayam Police Station,
Namakkal District,
(Crime No.77 of 2016).
3.The Public Prosecutor
High Court, Madras.
1 cc to Mr.V.P. Sengottuvel, Advocate, Sr. 24890
Crl.O.P.No.8901 of 2016
EV (CO)
kk 5/5

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

R.Eswaran v. State Rep. by

Case brief

What is this about?

What did the court decide?

R.Eswaran v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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