Madras High CourtCRL OP(MD)/22769/2015ordered

V. Velmurugan v. The Deputy Superintendent Of

2015-12-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.22769 of 2015 L.Velmurugan : Petitioner Vs.

1.The State rep.by The Deputy Superintendent of Police, Usilampatti.

2.The Inspector of Police, Ezhumalai Police Station, Madurai District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned III Additional District and Sessions Jude (PCR Court) Madurai to consider the bail application on the same day of his surrender if any filed by the petitioner / accused No.1 in Crime No.168 of 2015 registered by the 2nd respondent herein. For Petitioners : Mr.R.Gowrishankar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b),324,341, 427 and 506(ii) of IPC and Section 3(1)(x) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989. in Crime No.168 of 2015, on the file of the 2nd respondent police, moved this petition seeking a direction to the III Additional District and Sessions Jude (PCR Court) Madurai, 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.

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5. Therefore, the III Additional District and Sessions Jude (PCR Court) Madurai, 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(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The III Additional District and Sessions Jude (PCR Court) Madurai 2.The Deputy Superintendent of Police, Usilampatti.

3.The Inspector of Police, Ezhumalai Police Station, Madurai District.

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

+1CC to Mr.R.Gowrishankar, Advocate, SR.No. 68785. Order made in Crl.O.P(MD)No.22769 of 2015 Dated:- 02.12.2015 AM/08.12.2015/DP.JGB/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/