Madras High CourtCRL OP(MD)/4193/2017disposed of

Balakrishnan v. The Assistant Commissioner Of

2017-04-10Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.04.2017

CORAM:

THE HONOURABLE Mr.JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No. 4193 of 2017 1.Balakrishnan 2.Ayyankalai ...

Petitioners/Accued 1 & 2 Vs.

1.The Assistant Commissioner of Police, Thirupparankundram, Madurai City.

2.State rep. by The Inspector of Police, Avaniapuram Police Station, Madurai. ...

Respondents/Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District Sessions Judge (PCR Court), Madurai to accept the surrender of the petitioners and consider the bail application on the same day on merits relating to Crime No.362 of 2013 dated 15.05.2013 on the file of the respondents police.

For Petitioners : Mr.S.Mahendrapathy 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) 506(i) IPC r/w Section 3(1)(x) of SC / ST Act, 1989 in Cr.No. 362 of 2013, on the file of the respondent police, move this petition seeking direction to the learned III Additional District Sessions Judge (PCR Court), Madurai , to consider the bail application filed by the petitioners on the same day of their 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 Trial Court 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 to pass suitable orders, in the event of petitioners surrendering before https://hcservices.ecourts.gov.in/hcservices/

the said court within 15 days from the date of receipt of the order.

6. Accordingly, this Petition is ordered.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The III Additional District Sessions Judge (PCR Court), Madurai 2.The Assistant Commissioner of Police, Thirupparankundram, Madurai City.

3. The Inspector of Police, Avaniapuram Police Station, Madurai.

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

+1 cc to Mr.S.Mahendrapathy,Advocate,sr No.51565 nbj MAS/RR/SAR3:20.04.2017:2P-6C Crl.O.P.(MD)No. 4193 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/