Madras High CourtCRL OP(MD)/1201/2016disposed of

Periyamaruthu 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.1201 of 2016 1.Periyamaruthu 2.Ajeeth 3.Kosumandaiyan @ Dharma @ Dharmenthran 4.Raja @ Puliraja : Petitioners Vs.

The State Through The Inspector of Police, Melur Police Station, Melur Taluk, Madurai District (Crime No.1002 of 2015) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned III Additional District and Sessions Judge (PCR), Madurai District to consider the bail application of the petitioners on the same day on merits and in accordance with law in the event of their surrender of the petitioners in connection with the Crime No.1002 of 2015 pending investigation on the file of the respondent police. For Petitioners : Mr.S.J.Chakkaravarthy For Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.Side).

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 294(b), 323 and 506(ii) of IPC., r/w Section 3(1)(X) of SC/ST Act., in Crime No.1002 of 2015 on the file of the respondent police, move this petition seeking a direction to the III Additional District and Sessions Judge (PCR), Madurai District, 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.

3. The Government Advocate (Criminal side) 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 petitioners is absolute and warranted on their surrender before it. 5.Taking note of the submission made by the counsel for the petitioner, the III Additional District and Sessions Judge (PCR), Madurai District, 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(T&P) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

MPK To 1.The III Additional District and Sessions Judge (PCR), Madurai District 2.The Inspector of Police, Melur Police Station, Melur Taluk, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.S.T.Chakkaravarthy,Advocate Sr No.4041 ORDER MADE IN Crl.O.P(MD)No.1201 of 2016 22.01.2016 rg.PM-MP/SAR-I 29.01.2016 2P/5C https://hcservices.ecourts.gov.in/hcservices/