Madras High CourtCRL OP(MD)/23880/2015ordered

Murugesan v. The Deputy Superintendent Of

2015-12-16Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.23880 of 2015 Murugesan : Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.The Inspector of Police, B-1, Melur Police Station, Madurai District.

: Respondents/Complainants (Crime No.1016 of 2015) PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Learned III Additional District Sessions Judge for P.C.R Cases, Madurai to consider the bail application of the petitioner/Accused if any filed by him on his surrender on the same day in Crime No.1016 of 2015 on the file of the 2nd respondent police.

For petitioner : Mr.M.Sankar For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side) ***

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323, 506(i) and 379(NP) of IPC r/w. 3(1)(x) of SC/ST (POA) Act., 1989, in Crime No.1016 of 2015, on the file of the respondent police, moved this petition seeking a direction to the III Additional District Sessions Judge for P.C.R Cases, 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 Government Advocate (Criminal side) submitted that the injured has already been discharged from the hospital and however, she strongly opposed the relief sought for by the petitioner.

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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 their surrender before it.

5. Therefore, the III Additional District Sessions Judge for P.C.R Cases, 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(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

srm To 1.The III Additional District Sessions Judge for P.C.R Cases, Madurai 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, B-1, Melur Police Station, Madurai District.

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

+1 cc to Mr.M.Sankar,Advocate SR No.71880 Order made in Crl.O.P(MD)No.23880 of 2015 dated:-14.12.2015 rg.JGB-DP 21.12.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/