Madras High Court
K.Kannan vs The State on 7 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Criminal Original Petition (MD) No.15057 of 2015
K.Kannan : Petitioner/Accused No.4
Vs.
The State, rep. by its
The Inspector of Police,
Kalaiyarkovil Police Station,
Sivagangai District.
(Crime No.355/2015) : Respondent/Complainant
PRAYER
Criminal Original Petition is filed under Section 482 Cr.P.C to
direct the learned Principal District and Sessions Judge(PCR), Sivagangi to
consider the bail application of the Petitioner on the same day on his
surrender in connection with Crime No.355 of 2015, on the file of the
respondent.
!For Petitioner : M/s.N.Thamimul Ansari
For Respondent : Mr.K.Anbarasan,
Government Advocate (Crl.Side)
:ORDER
Heard both sides.
2. The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC r/w 3(1)(X) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.355 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge(PCR), Sivagangi to consider the bail application of the Petitioner on the same day on his surrender in connection with Crime No.355 of 2015, on the file of the respondent.
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 District and Sessions Judge(PCR), Sivagangi 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 in accordance with law.
7. Accordingly, this Criminal Original Petition is ordered.
To 1The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .