P.Siva, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2015
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.24019 of 2015 P.Siva ...
Petitioner/A2 Vs.
State rep. By the Inspector of Police, Othakadai Police Station, Madurai District.
(Crime No.657 of 2015) ...
Respondent/Compalainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional Sessions Judge (PCR), Madurai to accept the surrender of the petitioner in Crime No.657 of 2015 on the file of the respondent police and to consider the bail application on the same day. For Petitioner : Mr.A.K.Manickam For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)
O R D E R
The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 341, 294(b), 324 and 506(ii) I.P.C. r/w Section 3(1)(x) of SC/ST (POA) in Cr.No.657 of 2015, on the file of the respondent police, moves this petition seeking direction to the learned III Additional Sessions Judge (PCR), Madurai, to consider the bail application filed by the petitioner on the same day of his surrender.
2.The learned Government Advocate (Criminal side) strongly opposed the relief sought for by the petitioner. 3.I have heard the learned counsel appearing on either side. 4.A cursory look at the offences would reveal that some of the offences are grave in nature, including the one registered under a 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 or not. 5.Taking note of the submission made by the learned counsel for the petitioner, the III Additional Sessions Judge (PCR), Madurai, is directed to accept the surrender of the petitioner and https://hcservices.ecourts.gov.in/hcservices/
consider their bail application on the very same day purely on the basis of merits and in accordance with law.
6.Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.
nbj To 1.The III Additional Sessions Judge (PCR), Madurai.
2.The Inspector of Police, Othakadai Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.A.K.Manickam,Advocate Sr No.75952 Crl.O.P.(MD)No.24019 of 2015 22.12.2015 rg.JGB-DP/SAR-I 22.12.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/