Madras High CourtCRL OP(MD)/20458/2015ordered

Kalimuthu @ Karuppaiah, v. The Sub 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.20458 of 2015 1)Kalimuthu @ Karuppaiah 2)Ealammal : Petitioners/Accused 1 & 2 Vs.

The Sub Inspector of Police, Karur Police Station, Pudukottai District.

(Crime No.25 of 2015) : Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C directing the Principal District Judge (PCR), Pudukottai, to consider the bail application on same day of his arrest or upon his surrender under crime No.25 of 2015 on the file of the respondent police.

For Petitioners : Mr.G.Thalaimutharasu 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 294(b), 323, 354 and 506(i) IPC r/w 3(1) (X)(R)(S) and 3(II)(VA) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.25 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned Principal District Judge (PCR), Pudukottai, 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.

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6. Therefore, the learned Principal District Judge (PCR), Pudukottai, 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(AE) /True copy/ Sub Assistant Registrar NB2/SSL To 1)The Principal District Judge (PCR), Pudukottai, 2)The Sub Inspector of Police, Karur Police Station, Pudukottai District.

(Crime No.25 of 2015) 3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Thalaimutharasu, Advocate SR NO.62258 Crl.O.P(MD)No.20458 of 2015 20.10.2015 rg.20.10.2015/NGM.SS/SAR-I 2P/5C https://hcservices.ecourts.gov.in/hcservices/