Madras High CourtCRL OP(MD)/15254/2015disposed of

M. Nallasudan v. The Assistant Commissioner Of

2015-08-06Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.15254 of 2015 1.M.Nallasudan 2.R.Bharathiraja 3.T.Suriyaprakash 4.T.Prabhakaran 5.A.Thangamuniyandi 6.R.Bose : Petitioners/Rank not known -Vs1.The Asst. Commissioner of Police, Thilakar Thidal, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony - Police Station Madurai (Crime No.692 of 2015) : Respondents/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned III Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 Madurai to accept the surrender of the petitioners/accused and consider the petitioners' bail application and grant bail on the date of surrender itself in Crime No.692 of 2015 on the file of the respondent No.2 police. For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 147, 427, 379(N.P) of the Indian Penal Code and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.692 of 2015 on the file of the respondent police, moves this petition seeking a direction to the learned III Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, https://hcservices.ecourts.gov.in/hcservices/

Madurai to accept the surrender of the petitioners/accused and consider the petitioners' bail application and grant bail on the date of surrender itself in Crime No.692 of 2015 on the file of the second respondent.

3. Perused the records.

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 III Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 Madurai 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. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar Ns To 1.The III Additional District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Madurai. 2.The Asst. Commissioner of Police, Thilakar Thidal, Madurai City, Madurai.

3.The Inspector of Police, S.S.Colony - Police Station Madurai 4.The Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1cc to M/S.D.Balamurugapandi,Advocate SR No.44309 Order made in Crl.O.P.(MD).No.15254 of 2015 Dated:- 06.08.2015 rg.17.08.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/