Madras High CourtCRL OP(MD)/20437/2015ordered

M.Kannan v. The Inspector Of Police

2015-10-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition(MD)No.20437 of 2015 1)M.Kannan 2)K.Veldurai 3)M.Velmurugan 4)G.Sabapathi :Petitioners/ Accused 4 to 6 & Not Known Vs.

The State, Rep. by Inspector of Police, Vembakottai Police Station, Virudhunagar District, (in Crime No.402 of 2015) :Respondents/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the Principal District and Sessions Court (PCR) Virudhunagar District at Srivilliputhur, to consider the bail application on same day on their surrender in connection with crime No.402 of 2015 on the file of the respondent police.

For Petitioners : Mr.M.Solaisamy For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.Side)

ORDER

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323 and 324 IPC r/w 3(1)(X) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.402 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge (PCR) Virudhunagar District at Srivilliputhur, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

4. The learned Government Advocate (Criminal side) submits that the injured has already 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 Principal District and Sessions Judge (PCR) Virudhunagar District at Srivilliputhur, 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. https://hcservices.ecourts.gov.in/hcservices/

7. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1)The Judge, Principal District and Sessions Court (PCR) Virudhunagar District at Srivilliputhur, 2)The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

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

+1cc to Mr.M.Solaisamy, Advocate in SR.62271 Crl.O.P(MD)No.20437 of 2015 20.10.2015 nb2/ssl PBK/AMF/SAR-I 20/10/2015 ::2P-5C:

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