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Madras High CourtCRL OP/4369/2016ordered

D. Durgasan, v. State Rep. By The Inspector

2016-02-29Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4369 of 2016 1.D.Durgasan 2.R.Prasanna @ Jalu ... Petitioners Vs.

State rep. By The Inspector of Police Vaitheeswaran Koil Police Station Nagapattinam District.

... Respondent Crime No.465 of 2015 Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned I Additional Sessions Judge (PCR), Thanjavur to consider the bail application of the petitioners on their surrender in Crime No.465 of 2015 pending on the file of the respondent police on the same day. For Petitioners : Mr.S.Sathyaraj For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 3(i)(x) of SC & ST Act, 1989 and 341, 294(b), 323 of IPC, in Crime No.465 of 2015 on the file of the respondent police, moves this petition seeking a direction to the learned I Additional Sessions Judge (PCR), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police.

3.Perused the records.

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

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.

5.Therefore, the learned I Additional Sessions Judge (PCR), Thanjavur, 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.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To 1.The Inspector of Police Vaitheeswaran Koil Police Station Nagapattinam District.

2.The I Additional Sessions Judge (PCR), Thanjavur.

3.Do Through The Principal Sessions Judge, Thanjavur.

4.The Public Prosecutor High Court, Chennai.

+1cc to Mr.S.Sathyaraj, Advocate, S.R.No.12415 Crl.O.P.No.4369 of 2016 GJ(CO) CA(02/03/2016) https://hcservices.ecourts.gov.in/hcservices/