Crl.O.P. directed Principal District and Sessions Judge to accept surrender and consider bail application on same day by Petitioners facing charges under IPC and SC/ST Act.
Directed Special Court to accept surrender and consider bail application on same day.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.9373 of 2016
1.Pichandi 2.Arun 3.Selvarasu ... Petitioners Vs. State rep. by The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District. Crime No.232 of 2016 ... Respondent
Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Tiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioners on the same day in the event of surrender by the petitioners and seeks bail in Crime No.232 of 2016 pending on the file of the Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.
ORDER
Heard both sides.
2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 of IPC r/w. Section 3(1)(c) of SC/ST (POA) Amendment Ordinance, 2014, in Crime No.232 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge, Tiruvannamalai (Special Court for SC/ST POA Act Cases) to accept the surrender of the petitioners and consider their bail application on the same day on merits.
5.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.
6.Therefore, the learned Principal District and Sessions Judge, Tiruvannamalai (Special Court for SC/ST POA Act Cases), 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.
6.Accordingly, this Criminal Original Petition is ordered.
cse
s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
To
1.The Inspector of Police,
Arni Taluk Police Station,
Tiruvannamalai District.
2.The Principal District and Sessions Judge,
Tiruvannamalai (Special Court for SC/ST POA Act Cases)
3.The Public Prosecutor
High Court, Chennai.
+ 1 cc to M/s.S.Silambu Selvan, Advocate SR 26010
rsk(co)
prk27/4 Crl.O.P.No.9373 of 2016
2 issues framed by the court
Whether the Special Court can accept surrender and consider bail application on the same day.
Whether the offences punishable under IPC r/w SC/ST POA Act warrant initial detention before considering bail.
Pichandi
Arun
Selvarasu
State
Justice R.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
