Madras High CourtCRL OP(MD)/2993/2017disposed of

Muthukutty v. The Deputy Superintendent Of

2017-03-17Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.03.2017

CORAM:

THE HONOURABLE Mr.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.2993 of 2017 1.Muthukutty 2.Maniraj ... Petitioners Vs.

1. The Deputy Superintendent of Police, Nanguneri Sub-Division, Nanguneri, Tirunelveli District.

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

(Crime No.81 of 2017) ...

Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day on his surrender in Crime No.81 of 2017 on the file of the respondent police.

For Petitioners : Mr.K. Sudalaiyandi For Respondents : Mr.P.Kandasamy, G.A. (Crl. Side)

O R D E R

Heard both sides.

2.The petitioners, who apprehend arrest for the offences punishable under Sections 294(b) and 506(i) of IPC and Sections 3 (1)(r) and 3(1)(s) of SC/ST POA Amendment Ordinance Act 2014, in Cr.No.81 of 2017, on the file of the respondent police, move this petition seeking direction to the learned II Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli to consider the bail application filed by the petitioners on the same day on their surrender. https://hcservices.ecourts.gov.in/hcservices/

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 Trial Court is directed to accept the surrender of the petitioners 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 petitioners 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 (Records) /True Copy/ Sub Assistant Registrar To 1.The II Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli 2.The Deputy Superintendent of Police, Nanguneri Sub-Division, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

(Crime No.81 of 2017) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.K.SUDALAIYANDI, ADVOCATE IN SR No. 15421 NBJ TTE/SKN-RSK : 27/03/2017 : 2P/6C Crl.O.P.(MD)No.2993 of 2017 17.03.2017 https://hcservices.ecourts.gov.in/hcservices/