Madras High CourtCRL OP(MD)/16563/2015disposed of

Gurumoorthy v. The Deputy Superintendent

2015-08-27Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA Criminal Original Petition (MD) No.16563 of 2015 1.Gurumoorthy 2.Renugadevi : Petitioners/Accused 1 & 2 Vs.

1.The Deputy Superintendent of Police, Vilathikulam Sub-Disivion, Incharge of Kovilpatti Sub-Disivion, Thoothukudi District.

2.State rep by The Inspector of Police, Nallatinputhur Police Station, Thoothukudi District.

(Crime NO.228/2015) : Respondents/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the learned II Additional District Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioners along with bail application in Cr.No.228 of 2015 on the file of the 2nd respondent police herein and to dispose the bail application on the same day on merits.

For Petitioners : Mr.C.Bharathi For Respondents : Mr.P.Kannithevan Government Advocate (Crl.Side)

ORDER

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Section 294(b) IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.228 of 2015 on the file of the second respondent police, move this petition seeking a direction to the learned II Additional District Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioners along with bail application in Cr.No.228 of 2015 on the file of the 2nd respondent police and to dispose the bail application on the same day on merits.

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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 II Additional District Judge (PCR) Court, Tirunelveli, 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 Ns To 1.The II Additional District Judge (PCR) Court, Tirunelveli.

2.The Deputy Superintendent of Police, Vilathikulam Sub-Disivion, Incharge of Kovilpatti Sub-Disivion, Thoothukudi District.

3.The Inspector of Police, Nallatinputhur Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.C.BHARATHI, ADVOCATE SR NO.49574 Order made in Crl.O.P(MD).No.16563 of 2015 Dated:- 27.08.2015 RG.01.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/