Madras High CourtCRL OP(MD)/21995/2015ordered

Idaya Chandran @ Chandru v. The Deputy Superintendent Of

2015-11-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.21995 of 2015 1.Idaya Chandran @ Chandru 2.Muthukumar : Petitioners/A2, A3 Vs.

State rep. By 1.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Malli Police Station, Virudhunagar District (In CrimeNo.162 of 2015) : Respondents/Complainants PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, P.C.R. Court, Sriviliputhur, Virudhunagar District under the SC/ST Act to consider the bail application on the surrender of the petitioners in connection with Crime No.162 of 2015 pending investigation on the file of the respondent on its merits and consider on the same day and pass such further or other orders as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioners : Mr.R.Ganeshprabu For Respondents : 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 and 506(i) IPC., r/w Section 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Amendment Ordinance Act, 2014 in Crime No.162 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned Principal District and Sessions Judge, P.C.R. Court, Sriviliputhur, Virudhunagar District under the SC/ST Act to accept the surrender of the petitioners and consider the bail application on the same day on merits.

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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 learned Principal District and Sessions Judge, P.C.R. Court, Sriviliputhur, Virudhunagar District under the SC/ST Act 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(Record) /True copy/ Sub Assistant Registrar CM To 1.The Principal District and Sessions Judge, P.C.R. Court, Sriviliputhur, Virudhunagar District under the SC/ST Act 2.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.

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

+1cc to Mr.R.Ganeshprabu,Advocate SR No.66715 Order made in Crl.O.P(MD)No.21995 of 2015 Dated:- 23.11.2015 rg.AAL-MPA/SAR-II 24.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/