Muthu Erul S/O Kannan v. The Deputy Supdt. Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.21498 of 2015 1.Muthu Erul 2.Ajithkumar : Petitioners Vs.

1.State rep.by The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

2.The Inspector of Police, Samayanallur Police Station, Madurai District Crime No.428 of 2015 : Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct learned Principal District and Sessions Judge cum P.C.R.Court, Madurai to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioners surrender before the learned 3rd Additional District and Sessions Judge cum P.C.R.Court, Madurai in Crime No.428 of 2015 on the file of the respondents. For Petitioners : Mr.M.Venkatesan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC., r/w. Section 3 3(i)(x) of SC &ST Act, in Crime No.428 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned learned 3rd Additional District and Sessions Judge cum P.C.R.Court, Madurai, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

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

3. I have heard the learned counsel appearing on either side. https://hcservices.ecourts.gov.in/hcservices/

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 learned 3rd Additional District and Sessions Judge cum P.C.R.Court, Madurai, 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.

6. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The 3rd Additional District and Sessions Judge cum P.C.R.Court, Madurai

2. The Principal District and Sessions Judge, Madurai. 3.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

4.The Inspector of Police, Samayanallur Police Station, Madurai District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.M.Venkatesan, Advocate in SR.No. 66045 TS/20.11.2015/2P-7C/GSV-PM/SAR II Order made in Crl.O.P(MD)No.21498 of 2015 Dated:- 16.11.2015 https://hcservices.ecourts.gov.in/hcservices/