Madras High CourtCRL OP(MD)/19775/2015disposed of

Chitraivel v. The Inspector Of Police

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.19775 of 2015 Chitraivel :Petitioner Vs.

State: Represented by The Inspector of Police, Moolakaraipatti Police Station, Moolakaraipatti Tirunelveli District (Crime No.104 of 2015) :Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the learned II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, to accept the surrender and consider the bail application to be filed by the petitioner on the same day in Crime No.104 of 2015, on the file of the respondent police. For Petitioners : Mr.T.A.Ebenezer For Respondent : Mr.P.Kannithevan Government Advocate (Crl.Side) **********

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 294(b) and 506(ii) of IPC., and Section 3 of TNPPDL Act and Section 3(i)(x) of SC/ST (POA) Act, in Crime No.104 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, to accept the surrender of the petitioner and consider the bail application on the same day on merits.

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 II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, is directed to accept the surrender of the petitioner and consider his 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(Writs) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, 2.The Inspector of Police, Moolakaraipatti Police Station, Moolakaraipatti Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.A.Ebenezer, Advocate in SR.60772 Crl.O.P(MD).No.19775 of 2015 Dated:- 13.10.2015 mpk PBK/SK-SKN/SAR-I 19/10/2015 ::2P-5C:

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