Madras High Court
S.Kannan vs The Deputy Superintendent Of Police on 28 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
CRL.OP.(MD)No.18593 of 2015
1.S.Kannan
2.K.Gopal Samy : Petitioners
Vs.
1.The Deputy Superintendent of Police,
Aruppukottai Taluk,
Virudhunagar District,
Virudhunagar.
2.State, rep by its
The Inspector of Police,
Malaginar Police Station,
Virudhunagar District,
Crime No.167 of 2015. : Respondents
PRAYER: Petition is filed under Section 482 of the Code of Criminal
Procedure, to direct the learned Principal Sessions Judge [PCR],
Srivilliputhur, Virudhunagar District, to consider the bail application of
the petitioners on the same day on their surrender in connection with Crime
No.167 of 2015, on the file of the respondent and pass orders.
!For Petitioners : Mr.G.Mariappan
^For Respondents : Mrs.S.Prabha
Government Advocate [Criminal Side]
:O R D E R
Heard both sides.
2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 323, 324, 336 and 506(ii) IPC r/w 3(i)(x), 3(1)(XIV) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.167 of 2015 on the file of the second respondent police, move this petition seeking a direction to the learned Principal Sessions Judge [PCR], Srivilliputhur, Virudhunagar District, to accept the surrender of the petitioners and consider their bail application on the same day on merits.
3. Perused the records.
4. The learned Government Advocate (Criminal side) would submit that the injured has been discharged from the hospital.
5. The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application.
6. Therefore, the learned Principal Sessions Judge [PCR], Srivilliputhur, Virudhunagar 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.
7. Accordingly, this Criminal Original Petition is ordered.
To
1.The Principal Sessions Judge [PCR], Srivilliputhur, Virudhunagar District.
2.The Deputy Superintendent of Police, Aruppukottai Taluk, Virudhunagar District, Virudhunagar.
3.The Inspector of Police, Malaginar Police Station, Virudhunagar District,
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..