Parthi @ Parthipan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2015
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.22788 of 2015 Parthi @ Parthipan : Petitioner/Sole Accused.
Vs.
The Inspector of Police, Melur Police Station, Madurai District (Crime No.968 of 2015) : Respondent/Complainant.
PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., permitting the petitioner to surrender before the learned III Additional Sessions Judge (PCR), Madurai in connection with Crime No.968 of 2015 on the file of the respondent police and his bail application may be directed to be considered on the same day on merits and in accordance with law forthwith.
For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 and 506(i) of IPC., r/w Section 3(1)(X) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act., in Crime No.968 of 2015, on the file of the respondent police, moved this petition seeking a direction to the III Additional Sessions Judge (PCR), 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, or not.
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5. Therefore, the III Additional Sessions Judge (PCR), 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 Sessions Judge (PCR), Madurai 2.The Inspector of Police, Melure Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.M.Jagadeesh pandian, Advocate, SR.No. 69157 Order made in Crl.O.P(MD)No.22788 of 2015 Dated:- 02.12.2015 AM/08.12.2015/DP.JGB/SAR-II/2P/5C https://hcservices.ecourts.gov.in/hcservices/