Madras High CourtCRL OP(MD)/1488/2016ordered

Kannan v. The Inspector Of Police

2016-01-28Honourable Mr Justice S. Vaidyanathan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2016

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.1488 of 2016 Kannan ..Petitioner/Sole Accused Vs.

The Inspector of Police, Narikudi Police Station, Virudhunagar District.

..Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Judge (PCR Court), Virudhunagar at Sriviliputhur to consider the bail application of the petitioner / accused to be fixed in Crime No.12 of 2016 on the file of the respondent Police and to accedpt his surrender on the same dayon merits.

For Petitioner : Mr.B.Anandan For Respondents : Mr.A.P.Balasubramani, G.A. (Crl. Side)

O R D E R

Heard both sides.

2.The petitioner, who apprehends arrest for the offences punishable under Section 294(b), IPC r/w 3(1)(X) SC / ST Amendment Ordinance Act 2014, in Crime No.12 of 2016 on the file of the respondent police, move this petition seeking direction to the learned District and Sessions Judge, (PCR Court), Virudhunagar at Srivilliputhur, to consider the bail application filed by the petitioner on the same day of his surrender.

3. Perused the records.

4.The offences complained of, other than the offence under the Special enactment, even though serious since the injured has already been discharged from the hospital, the same can be considered by the said Court on the same day.

5.Therefore, the learned District and Sessions Judge, (PCR Court), Virudhunagar at Srivilliputhur 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 to pass suitable orders, in the event of petitioner surrendering before the said court within 15 days from the date of receipt of the order and his filing of petition seeking bail.

6. Accordingly, this Petition is ordered.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar(CS) To 1.The District and Sessions Judge, (PCR Court), Virudhunagar at Srivilliputhur.

2.The Inspector of Police, Narikudi Police Station Virudhunagar District. 3.The Addl.Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1cc to Mr.B.Anandan, Advocate in SR.5027 Crl.O.P.(MD)No.1488 of 2016 nbj 28.01.2016 PBK/NGM-SS/SAR-I 04.02.2016 ::1p-5c:

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