Madras High CourtCRL OP(MD)/22593/2015ordered

K.Soundarajan v. The Deputy Superintendent Of

2015-11-30Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.22593 of 2015 K.Soundarajan : Petitioner Vs.

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

2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District (Crime No.495 of 2015) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned Sessions Judge (PCR Court) Ramanathapuram District to consider the bail applicatioin filed by the petitioner on the same day of his surrender in Crime No.495 of 2015, on the file of the respondent police.

For Petitioners : Mr.R.Santhanam Rajeshkumar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest for the offences punishable under Sections 354 and 325 of IPC., and Sec.3(1)(XI) of SC/ST Act, and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.495 of 2015, on the file of the respondent police, moved this petition seeking a direction to the Sessions Judge (PCR Court) Ramanathapuram District, 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. A cursory look at the offences would reveal that some of the offences are grave in nature, including the one registered under the Special Enactment. Therefore, it is for the trial Court to consider as to whether initial detention of the petitioner is absolute and warranted on his surrender before it, or not.

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5. Therefore, the Sessions Judge (PCR Court) Ramanathapuram District 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(Co) /True Copy/ Sub Assistant Registrar.

To 1.The Sessions Judge (PCR Court) Ramanathapuram District 2.The Deputy Superintendent of Police, Remanathapuram District.

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

+1CC to Mr.B.Santhanam Rajesh, Advocate, SR.No. 68857 Order made in Crl.O.P(MD)No.22593 of 2015 Dated:- 30.11.2015 AM/07.12.2015/NGM.SS/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/