Prasanth Chezhiyan vs State Represented By on 3 December, 2015

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Madras High Court

Prasanth Chezhiyan vs State Represented By on 3 December, 2015

Bench: S.Vaidyanathan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED :  03.12.2015  

CORAM   

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN             

Crl.O.P(MD)No.22384 of 2015  

1.Prasanth Chezhiyan 

2.Harikarasudhan                                : Petitioners

 Vs.

State represented by
The Inspector of Police,
Alanganallur Police Station,
Madurai District.
(Crime No.443 of 2015).                         : Respondent 

PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.,
praying to direct IIIrd Additional District and Sessions Court (PCR Court),
Madurai to consider the petitioners bail application on the date of their
surrender itself in respect of crime No.443 of 2015 on the file of the
respondent police.

!For Petitioner : Mr.M.Kaliraj

For Respondent  : Mr.A.P.Balasubramani,         
                         Government Advocate (Crl.Side)

:ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 341, 294(b), 324 and 506(i) IPC read with Section 3(1)(x) of SC/ST Prevention of Atrocities Act 1989, in Crime No.443 of 2015, on the file of the respondent police, moved this petition seeking a direction to the IIIrd Additional District and Sessions Court (PCR Court), Madurai, to consider the bail application of the petitioners on the same day of their surrender.

2.I have heard the counsel appearing on either side and perused the records.

3.The Government Advocate (Criminal side) strongly opposed the relief sought for by the petitioners.

4.A cursory look at the offences would reveal that some of the offences are grave in nature, including the one registered under the Special Enactment. Therefore, it is for the Trial Court to consider as to whether initial detention of the petitioners is absolute and warranted on their surrender before it.

5.Therefore, the IIIrd Additional District and Sessions Court (PCR Court), Madurai, is directed to accept the surrender of the petitioners and consider their bail application on the very same day, purely on merits and in accordance with law.

6.Accordingly, this Criminal Original Petition is ordered.

1.The IIIrd Additional District and Sessions Court (PCR Court), Madurai

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

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