Madras High CourtCRL OP(MD)/19765/2015disposed of

Dhanasekaran v. The Deputy Superintendent Of

2015-10-13Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P(MD).No.19765 of 2015 1.Dhanasekaran 2.Kattu Raja : Petitioners/Accused NO.1 & 2 Vs.

1.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Division, Sivagangai District (Crime No.548 of 2015) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the District and Sessions Judge (P.C.R.cases) Sivagangai District to consider the bail application of the petitioners on the same day of their surrender in Crime No.548 of 2015 on the file of the 2nd respondent police. For Petitioners : Mr.A.Prakash For Respondent : 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, 427, 506(ii) of IPC r/w 3 (i)(x) of S.C/ST (POA) Act, of 1989 Amendment Ordinance Act, 2014 , in Crime No.548 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned the District and Sessions Judge (P.C.R.cases) Sivagangai District, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

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3. Perused the records.

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 the District and Sessions Judge (P.C.R.cases) Sivagangai District, 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(CO) /True copy/ Sub Assistant Registrar MPK To 1.The District and Sessions Judge (P.C.R.cases) Sivagangai District.

2.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Division, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.A.Prakash, Advocate SR NO.61101 Order made in Crl.O.P(MD).No.19765 of 2015 Dated:- 13.09.2015 rg.16.10.2015/SK/SKN/SAR-II 2P.6C https://hcservices.ecourts.gov.in/hcservices/