S. Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/12/2013

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.23682 of 2013 S.Balamurugan ...

Petitioner/A.2 Vs The State rep. by The Inspector of Police East Police Station Sivakasi Virudhunagar District.

(Crime No.633 of 2013) ...

Respondent/Complainant Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge, Virudhunagar at Srivilliputhur to consider the petitioner's bail application on the same day of his surrender in Crime No.633 of 2013 on the file of the respondent on his appearance before the Court.

For Petitioner : Mr.S.Selvakumar For respondent : Mr.A.P.Balasubramanian Government Advocate ********

O R D E R

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 294 (B), 323, 324 of IPC read with 3 (1) (X) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in Cr.No.633 of 2013 on the file of the respondent Police, moves this petition seeking direction to the learned Principal Sessions Judge, Virudhunagar at Srivilliputhur to consider the bail application of the petitioner on the same day of his surrender in Crime No.633 of 2013 on the file of the Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.

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3. Perused the records.

4. It is submitted 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, Virudhunagar, is directed to accept the surrender of the petitioner and consider 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 today and his filing of petition seeking bail. Accordingly, this petition is ordered.

Sd/- Deputy Registrar(Admn) /True Copy/ Assistant Registrar To

1. The Inspector of Police East Police Station, Sivakasi, Virudhunagar District.

2. The Principal Sessions Judge, Virudhunagar at Srivilliputhur.

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

+One cc to Mr.Selvakumar, Advocate, SR.No.64448 ses RL/5 c- 2/1/2014 Crl.O.P.(MD) No.23682 of 2013 https://hcservices.ecourts.gov.in/hcservices/