Allowed

Kannan @ Kamalakkannan v. State Rep. by

Madras HC26 Apr 2016CRL OP/9359/2016

Case brief

AI extract

What is this about?

Petitioner sought direction under Section 482 Cr.P.C. for the Principal District and Sessions Judge to accept surrender and consider bail on the same day. Court directed the lower court to accept surrender and decide bail immediately on merits.

What did the court decide?

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

Kannan @ Kamalakkannan Vs State Rep. by — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.04.2016

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CORAM :

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THE HONOURABLE MS. JUSTICE R.MALA

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Crl.O.P.No.9359 of 2016

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Kannan @ Kamalakkannan .. Petitioner/Accused

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Vs.

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State rep. by its The Inspector of Police Modakurichi Police Station Erode District. Crime No.107/2016 .. Respondent/Complainant

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Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Erode for SC/ST Act, to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.107 of 2016 on the file of the respondent.

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For Petitioner : Mr.C.S.Saravanan

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For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER

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Heard both sides.

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The petitioner, who apprehends arrest for the offences punishable under Sections 323 and 506(i) of IPC r/w. 3(1)(r) 3 (1)(s) 3(2)(va) of SC/ST (POA) 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 Principal District and Sessions Judge, Erode for SC/ST Act, to accept the surrender of the petitioner and consider his bail application on the same day on merits.

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Perused the records.

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Heard the learned Additional Public Prosecutor appearing for the respondent.

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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 https://hcservices.ecourts.gov.in/hcservices/ the bail application.

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Therefore, the learned Principal District and Sessions Judge, Erode for SC/ST 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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Accordingly, this Criminal Original Petition is ordered.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//
Sub Assistant Registrar
To
1.The Principal District and Sessions Judge,
Erode for SC/ST Act
2.The Inspector of Police
Modakurichi Police Station
Erode District.
3.The Public Prosecutor
High Court, Chennai.
+ 1 cc to Mr.S. Kolandasamy, Advocate Sr.26102
RSY(CO)
EU(02/05/2016)
Crl.O.P.No.9359 of 2016

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

Kannan @ Kamalakkannan v. State Rep. by

Case brief

What is this about?

What did the court decide?

Kannan @ Kamalakkannan v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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