Madras High CourtCRL OP(MD)/24829/2015ordered

Madhuselvam v. The Inspector Of Police

2015-12-29Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.12.2015

CORAM

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD).No.24829 of 2015 Madhuselvam ... Petitioner/Accused No.5 -VsState rep. By The Inspector of Police, Chinnakovilankulam Police Station, Crime No.133 of 2015, Tirunelveli District.

... Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned II Additional Sessions Judge cum P.C.R Court, Tirunelveli, Tirunelveli District to consider the petitioner bail application on the date of surrender in Crime No.133 of 2015 on the file of the Chinnakovilankulam Police Station, Tirunelveli District. For Petitioner : Mr.K.Prabhu For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 294(b), 323, 324, 506(ii) I.P.C., and read with Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.133 of 2015 on the file of the respondent police, moves this petition seeking a direction to the learned II Additional Sessions Judge cum P.C.R Court, Tirunelveli, Tirunelveli District to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.133 of 2015.

3. Perused the records.

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4. The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail

application.

5. Considering the facts and circumstances of the case, the petitioner is directed to give a notice to the concerned Public Prosecutor two days prior to the date of his surrender and on such surrender of the petitioner, the learned II Additional Sessions Judge cum P.C.R Court, Tirunelveli, Tirunelveli District is directed to accept the surrender of the petitioner and consider his bail application on the very same day purely on the basis of merits and in accordance with law. Accordingly, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar ps/ssl To 1.The II Additional Sessions Judge cum P.C.R Court, Tirunelveli.

2.The Inspector of Police, Chinnakovilangulam Police Station, Tirunelveli District.

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

+1CC to Mr.K.Prabhu Advocate Sr.No.76518 GJM/NGM/SS/SARII-5.1.16-2P-5C Crl.O.P.(MD).No.24829 of 2015 29.12.2015 https://hcservices.ecourts.gov.in/hcservices/