Allowed

Gandhi v. State Rep by

Madras HC22 Apr 2016CRL OP/8958/2016

Case brief

AI extract

What is this about?

Petitioner sought a direction to the Special Sessions Judge to accept his surrender and consider his bail application on merits without initial detention, citing that offences were not serious. This court directed the lower court to hear the bail application on merits same day.

What did the court decide?

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

Gandhi 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.8958 of 2016

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Gandhi

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... Petitioner/Accused 2

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Vs.

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State Rep. by Inspector of Police, Pallikonda Police Station, Vellore District. ... Respondent/Complainant

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Prayer :

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Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge, Vellore, Vellore District, Special Judge for SC/ST Prevention of Atrocities Act to consider the petitioner's bail application on his surrender in Crime No.142/2016 pending on the file of the Inspector of Police, Pallikonda Police Station, Vellore District .

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For Petitioner : Mr.E.Kannadasan For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER

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Heard both sides.

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2.The petitioner, who apprehends arrest for the offences punishable under Sections 341, 506(i) of IPC r/w. 3(i)(r), 3(i) (s) of SC/ ST (POA) Act, 2015 in Crime No.142 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal Sessions Judge, Vellore, Vellore District, Special Judge for SC/ST Prevention of Atrocities Act, 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, Vellore, Vellore District, Special Judge for SC/ST Prevention of Atrocities Act, 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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6.Accordingly, this Criminal Original Petition is ordered. pri

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-s/dAssistant Registrar(CS-IV)

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True Copy

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Sub-Assistant Registrar
To
1.The Principal Sessions Judge, Vellore,
Vellore District, Special Judge for SC/ST
Prevention of Atrocities Act.
2.The Inspector of Police,
Pallikonda Police Station,
Vellore District.
3.The Public Prosecutor
High Court, Madras.
+ 1 cc to Mr.E.Kannadasan, Advocate Sr 25166
cnr(co)
prk28/4 Crl.O.P.No.8958 of 2016

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

Gandhi v. State Rep by

Case brief

What is this about?

What did the court decide?

Gandhi v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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