Crl.O.P. filed seeking direction to accept petitioner's surrender and consider bail application immediately. Court upheld that offences may not be serious enough to warrant detention pending bail consideration.
Directed Principal District and Sessions Judge, Erode to accept surrender and consider bail application on the same day on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.9365 of 2016
C.Subramani .. Petitioner/ Single Accused
Vs.
State rep. by its
The Inspector of Police
Erode North Police Station
Erode District.
Crime No.240/2016 .. Respondent/ Complainant
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.240 of 2016 on the file of the
respondent.
For Petitioner : Mr.C.S.Saravanan
For Respondent : Mr.C.Emalias
Additional Public Prosecutor
ORDER
Heard both sides.
1 cc to Mr.S. Kolandasamy, Advocate, Sr. 26101
Crl.O.P.No.9365 of 2016 JSV (CO) kk 2/5
2 issues framed by the court
Whether the petitioner should be directed to surrender and have his bail application considered on the same day.
Whether the offences alleged warrant initial detention before considering the bail application.
2 provisions across 2 enactments
C.Subramani
The State and others
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
