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Sundar @ Sundaravel and Another Vs. State rep. by The Inspector of Police, Perungudi Police Station, Madurai and Another - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

Crl.O.P.(MD) Nos. 18596 & 20497 of 2015

Judge

Appellant

Sundar @ Sundaravel and Another

Respondent

State rep. by The Inspector of Police, Perungudi Police Station, Madurai and Another

Excerpt:


.....in cr.no.311 of 2015 on the file of the respondent police.) 1. heard both sides. 2. the petitioner, who apprehends arrest for the offences punishable under sections 323, 324 and 506(ii) ipc r/w section 3(1)(x) sc/st in crime no.311 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned iii additional district and sessions judge (pcr act), madurai, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to crime no.311 of 2015. 3. perused the records. 4. the learned government advocate (crl. side) submits 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 iii additional district and sessions judge (pcr act), madurai,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. accordingly, this criminal original petition is ordered.

Judgment:


(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the III Additional District and Sessions Judge (PCR Act), Madurai to consider the bail application to be filed by the petitioner on the same day of his surrender in Cr.No.311 of 2015 on the file of the respondent police.)

1. Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 323, 324 and 506(ii) IPC r/w Section 3(1)(x) SC/ST in Crime No.311 of 2015 on the file of the respondent police, move this petition seeking a direction to the learned III Additional District and Sessions Judge (PCR Act), Madurai, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.311 of 2015.

3. Perused the records.

4. The learned Government Advocate (Crl. Side) submits 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 III Additional District and Sessions Judge (PCR Act), Madurai,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. Accordingly, this Criminal Original Petition is ordered.




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