Madras High CourtCRL OP(MD)/22823/2015ordered

Raja v. The Inspector Of Police

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.22823 of 2015 Raja : Petitioner Vs.

The State by The Inspector of Police, Karaikudi South Police Station, Sivagangai District (Crime No.566 of 2015) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai to consider his bail application on the same day of his surrender in respect of Crime No.566 of 2015 on the file of the respondent pending investigation. For Petitioners : Mr.D.Venkatesh For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 341, 294(b), 323, 324 & 506(ii) and Section 3(1)(x) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act., 1989 in Crime No.566 of 2015, on the file of the respondent police, moved this petition seeking a direction to the Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, 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 https://hcservices.ecourts.gov.in/hcservices/ 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.

5. Therefore, the Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, 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 (C.S. -I) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai 2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.D.Venkatesh, Advocate Sr.No.68898 akm/07.12.15 /2p-5c/ jgp/dp /SAR-I Order made in Crl.O.P(MD)No.22823 of 2015 Dated:- 02.12.2015 https://hcservices.ecourts.gov.in/hcservices/