Priyadharasan v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2015
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.21701 of 2015 1.Priyadharsan 2.Ramkumar :Petitioners/Accused 5 & 6 Vs.
State represented by The Deputy Superintendent of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District.
(Crime No. 162 of 2015) :Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned District Judge, Virudhunagar at Srivilliputhur to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No. 162 of 2015 on the file of the Deputy Superintendent of Police, Malli Police Station, Srivilliputhur, Virudhunagar District or pass any other order as this Court deems fit for this case.
For Petitioners : Mr.N.Mohideen Basha For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the offences punishable under Sections 147, 341, 294(b), 323, 506(i) IPC., and Sections 3(1)(r) (s) 3(2)(va) of of SC/ST Prevention of Atrocities Act (Amendment Ordinance 2014), in Crime No.162 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned District Judge, Virudhunagar at Srivilliputhur 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. He would submit that injured had already been discharged from the hospital and co-accused were already arrested and released on bail.
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 District Judge, Virudhunagar at Srivilliputhur 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.
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6. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.
To 1.The District Judge, Virudhunagar at Srivilliputhur 2.The Deputy Superintendent of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.N.Mohideen Basha, Advocate in SR.65949 Crl.O.P(MD)No.21701 of 2015 Dated:- 18.11.2015 cm PBK/GSV-PM/SAR-II 20/11/2015 ::2P-5C:
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