Madras High CourtCRL OP(MD)/16870/2015disposed of

Arumugam (M/33 Yrs) v. The Deputy Superintendent Of

2015-09-01Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition (MD) No.16870 of 2015 1.Arumugam 2.Malairaman : Petitioners Vs.

1.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

2. State rep. by The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.417 of 2015) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the learned III Additional District Sessions Judge (PCR), Madurai, to consider the bail application of the petitioners accused in Crime NO.417 of 2015 on the file of the respondent police on the same day of surrender on merits. For Petitioners : Mr.P.Senguttuarasan For Respondents : Mr.P.Kannithevan Government Advocate (Crl.Side)

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323, 355 and 506(ii) IPC and 3 (i)(x) of SC &ST Act, in Crime No.417 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned III Additional District Sessions Judge(PCR), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

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

4. The learned Government Advocate (Criminal side) would

submit that the injured has been discharged from the hospital.

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 III Additional District Sessions Judge(PCR), 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.

7. Accordingly, this Criminal Original Petition is ordered. sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To 1.The III Additional District Sessions Judge(PCR), Madurai.

2.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

+ 1 CC TO MR.P.SENGUTTARASAN, ADVOCATE IN SR NO. 50699/15 SES TE/JGB-DP/SAR(J) 07/09/2015 2P/6C Order made in Crl.O.P(MD).No.16870 of 2015 Dated:- 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/