Madras High CourtCRL OP(MD)/1162/2016disposed of

Veera Sakthi v. The Inspector Of Police

2016-01-22Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.1162 of 2016 1.Veera Sakthi 2.Pitchai Kannan 3.Pandi 4.Mareeswaran 5.Perumal 6.Manikandan 7.Veerappan : Petitioners Vs.

The State by its The Inspector of Police, Aruppukottai Taluk Police Station, Aruppukottai Virudhunagar District (Crime No.25 of 2016) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned Principal District and Sessions Judge (PCR Court), Virudhunagar at Srivilliputhur to consider the bail application of the petitioners on the very same day of their surrender in connection with the Crime No.25 of 2016, on the file of the respondent police.

For Petitioners : Mr.M.Jegadeesan For Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.Side).

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b) and 323 of IPC., and Section 3(1)(X) of SC/ST Act., in Crime No.25 of 2016 on the file of the respondent police, move this petition seeking a direction to the Principal District and Sessions Judge (PCR Court), Virudhunagar at Srivilliputhur, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

2. I have heard the counsel appearing on either side and perused the records.

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3. The 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 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. 5.Taking note of the submission made by the counsel for the petitioner, the Principal District and Sessions Judge (PCR Court), Virudhunagar at Srivilliputhur, is directed to accept the surrender of the petitioners and 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 /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge (PCR Court), Virudhunagar at Srivilliputhur

2. The Inspector of Police, Aruppukottai Taluk Police Station, Aruppukottai Virudhunagar District

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

+ 1 CC TO M/S.M.S.JEYAKARTHIK, ADVOCATE IN SR NO.3985/16 MPK TE/SK-SKN/AR-I : 28/01/2016 : 2P/5C ORDER MADE IN Crl.O.P(MD)No.1162 of 2015 22.01.2016 https://hcservices.ecourts.gov.in/hcservices/