R.Gnanadesigan v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.O.P(MD)No.22484 of 2015 1.R.Gnanadesigan 2.A.Selvakumar 3.V.Virumandi @ Kumar 4.M.Prabhu :Petitioners/Accused 1,3,4 & 7 Vs.

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

2.The Sub-Inspector of Police, Palamedu P.S., Palamedu, Madurai District.

(Crime No.170/2015) :Respondents/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the III Additional District and Sessions Judge, (PCR Cases) Madurai under the SC/ST Prevention of Atrocities Act, 1989, to accept the surrender of the petitioners in connection with Crime No.170 of 2015 pending investigation on the file of the respondent on merits on the same day.

For Petitioners : Mr.R.Lakshmanan For Respondents : Ms.S.Prabha Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 448, 323 and 506(i ) of IPC., and Section 4 of Tamil Nadu Women Harassment Act, and Sec.3(1) X of SC/ST Act., in Crime No.170 of 20,15 on the file of the 2nd respondent police, move this petition seeking a direction to the learned III Additional District and Sessions Judge, (PCR Cases) 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 petitioners.

3. I have heard the learned counsel appearing on either side.

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 III Additional District and Sessions Judge, (PCR Cases) 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. https://hcservices.ecourts.gov.in/hcservices/

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 Cases) Madurai 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The Sub-Inspector of Police, Palamedu P.S., Palamedu, Madurai District.

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

+1cc to Mr.R.Lakshmanan, Advocate in SR.67924 Crl.O.P(MD)No.22484 of 2015 Dated:- 27.11.2015 MPK PBK/NGM-SS/SAR-I 03.12.2015 ::2P-6C:

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