Madras High CourtCRL OP(MD)/17011/2015disposed of

Palavessam v. The Superintendent Of Police

2015-09-02Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA (*)Crl.O.P.(MD).No.17011 of 2015 1.Palavessam 2.Selvam 3.Kutty @ Shanmugavel : Petitioners/Accused No.8,11 and Not known -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District (In Crime No.406 of 2012) : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Second Additional Sessions Judge cum PCR Court, Tirunelveli to consider the bail application filed by the Petitioners on the same day in Crime No.406 of 2012 on the file of the respondent Police.

For Petitioners : M/s.S.Sathya Chidambaram For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The petitioners, who apprehends arrest for the offences punishable under Sections 147, 148, 294(b), 307, 379 NP of the Indian Penal Code and Section 3(1)(x) and 3(2) of SC/ST (Prevention of Atrocities) Act, 1989, in (*)Crime No.406 of 2012 on the file of the respondent police, moves this petition seeking a direction to the learned Second Additional Sessions Judge cum PCR Court, Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to(*) Crime No.406 of 2012.

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

5. Therefore, the learned Second Additional Sessions Judge cum 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. Accordingly, this Criminal Original Petition is ordered.

Sd/- The Assistant Registrar(co) (*) Corrected vide order dated 23.09.2015 in Crl.OP(MD)No.17011/2015 Sd/- The Assistant Registrar(co) /True copy/ Sub-Assistant Registrar To To be substituted to the order already dispatched on 09.09.2015. 1.The learned Second Additional Sessions Judge cum-(PCR Court), Tirunelveli..

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1cc to M/s.S.Sathyachidambaram, Advocate SR.No.51876 vsn sm:JGB:SAR J:09.09.2015:2P/ 6c rg.28.09.2015/GSV/PM/SAR-I 2p/6c Order made in Crl.O.P.(MD).No.17011 of 2015 Dated:- 02.09.2015 https://hcservices.ecourts.gov.in/hcservices/