Madras High CourtCRL OP(MD)/21551/2015ordered

Kandan v. The Inspector Of Police

2015-11-16Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.21551 of 2015 Kandan :Petitioner Vs.

State represented by The Inspector of Police, Sivagiri Police Station Tirunelveli District (Crime No.290/2015) :Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioners / accused to be filed in Cr.No.290 of 2015 on the file of the respondent police and to accept his surrender on the same day on merits. For Petitioners : Mr.M.Ramu For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323, 506(i) of IPC., r/w Section 3(1)(X) of SC/ST POA Act., in Crime No.290 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner 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 petitioner.

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

To 1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli, 2.The Principal District and Sessions Judge, Tirunelveli District.

3.The Inspector of Police, Sivagiri Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.Ramu, Advocate in SR.65586 Crl.O.P(MD)No.21551 of 2015 Dated:- 16.11.2015 MPK PBK/GSV-PM/SAR-II 19.11.2015 ::2P-6C:

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