Chellathai v. The Deputy Superintendent Of

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. 3066 of 2017 Chellathai ... Petitioner Vs.

1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

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

...

Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime No.80 of 2017 on the file of the respondent Police. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.P.Kandasamy, G.A. (Crl. Side)

O R D E R

Heard both sides.

2.The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 of IPC and Section 3 (1) (r) and 3 (1) (s) of SC/ST POA Amendment Act 2015, in Cr.No. 80 of 2017, on the file of the respondent police, move this petition seeking direction to the learned II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli 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. https://hcservices.ecourts.gov.in/hcservices/ 5.Therefore, the Trial Court 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 (RTI) /True copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

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

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

+1 CC to M/s.T.A.EBENEZER, Advocate, SR No. 15640 NBJ PSM/RR/SAR4/27.03.2017/2P/6C Crl.O.P.(MD)No. 3066 of 2017 17.03.2017 https://hcservices.ecourts.gov.in/hcservices/