Madras High CourtCRL OP(MD)/23198/2015ordered

Balu @ Balu Mayan @ Mayee v. The Inspector Of Police

2015-12-08Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.23198 of 2015 1.Balu @ Balu Mayan @ Mayee 2.Sagunthala : Petitioners/Accused 1 & 2 Vs.

The State, By the Inspector of Police, Viruveedu Police Station, Dindigul District.

(Crime No.129 of 2015) : Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.129 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 petitioners, who apprehend arrest for the offences punishable under Sections 420, 341, 294(b) and 506(i) of IPC and Section 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 2014, in Crime No.129 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul, to accept the surrender of the petitioners and consider the bail applications 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 petitioners.

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 petitioners is absolute and warranted on their surrender before it.

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5. Therefore, the learned Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul, is directed to accept the

surrender of the petitioners and consider their bail applications 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 Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul.

2.The Inspector of Police, Viruveedu Police Station, Dindigul District.

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

+1CC to Mr.D.Venkatesh, Advocate, SR.No. 70165 Order made in Crl.O.P(MD)No.23198 of 2015 dated:- 08.12.2015 AM/10.12.2015/JGB.DP/SAR-I/2P/5C https://hcservices.ecourts.gov.in/hcservices/