Madras High CourtCRL OP(MD)/21396/2015disposed of

Manikandan v. The Inspector Of Police

2015-11-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.21396 of 2015 1.Manikandan 2.Karthick :Petitioners/Accused Vs.

The Inspector of Police, Chathirapatti Police Station, Omatchikulam Circle, Madurai District.

:Respondent/Complainant (Cr.No.590 of 2015) PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the PCR Court, Madurai (learned III Additional District and Sessions Judge, Madurai), to consider the bail application of the petitioners on the day of surrender in Crime NO.590 of 2015 on the file of the respondent on the same day.

For Petitioners : Mr.D.Malaichamy For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 120(b), 342, 452, 365, 212 I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act r/w 3(1)(X) of SC/ST (PA) Act. in Crime No.590 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned III Additional District and Sessions Judge(PCR Court), Madurai to accept the surrender of the petitioners and consider the bail application on the same day on merits.

2. I have heard the learned counsel appearing on either side and perused the records.

3. The learned Government Advocate (Criminal side) strongly opposed the relief sought for by the petitioners.

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.

5. Therefore, the III Additional District and Sessions Judge(PCR Court), Madurai is directed to accept the surrender of the petitioners and consider their bail application on the very same day, purely on merits and in accordance with law.

6. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To

1. The III Additional District and Sessions Judge, (PCR Court), Madurai.

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2.The Inspector of Police, Chathirapatti Police Station, Omatchikulam Circle, Madurai District.

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

+1cc to Mr.D.Malaichamy, Advocate in SR.65251 Crl.O.P(MD)No.21396 of 2015 06.11.2015 ssl PBK/AAL-MPA/SAR-II 16/11/2015 ::2P-5C:

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