Madras High CourtCRL OP(MD)/22598/2015ordered

R.Dharmar v. The Inspector Of Police

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.22598 of 2015 R.Dharmar : Petitioner Vs.

The State of Tamil Nadu, Rep.by Inspector of Police, South Thamaraikulam Police Station, Kanyakumari District (Crime No.464/2015) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the II Additional District / Sessions Court (PCR Court), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.464 of 2015, on the file of the respondent.

For Petitioners : Mr.R.Manimaran For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 342, 354, 355 of IPC., and Sec.4 of Tamil Nadu Prohibition of Women Harassment Act and Sec.3(1)(XI) of SC/ST (POA) Act, 1989 in Crime No.464 of 2015, on the file of the respondent police, moved this petition seeking a direction to the II Additional District / Sessions Court (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. https://hcservices.ecourts.gov.in/hcservices/

5. Therefore, the the II Additional District / Sessions Court (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(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The II Additional District Judge /Sessions Court (PCR Court), Tirunelveli 2.The Inspector of Police, South Thamaraikulam Police Station, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.R.Manimaran, Advocate, SR.No. 68316. Order made in Crl.O.P(MD)No.22598 of 2015 Dated:- 30.11.2015 AM/03.12.2015/NGM.SS/SAR-I/2P/5C https://hcservices.ecourts.gov.in/hcservices/