1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15260 of 2011 1. Sailappan 2. Muthuprakash @ Prakash 3. Seetharaman 4. Subramanian @ Mani ... Petitioners/Accused Nos.10, 12, 14 & 16 Vs. The State represented by The Inspector of Police V.K.Puram Police Station Cr.No. 350/2010 Tirunelveli District ... Respondent/Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District, to consider the petitioners' bail application on the date of surrender on the same day in P.R.C.No. 30 of 2011 on the file of the learned Judicial Magistrate, Ambasamuthram, Tirunelveli District for offences under Sections 294(b), 147, 148, 341, 323, 324, 307 of IPC and Section 3 of TNPPDL Act read with 3(1)(v) of SC/ST Act 1989. For Petitioners : Ms.S.Ragaventhre For Respondent : Mrs.S.Prabha Govt. Advocate (Crl.Side) O R D E R Heard both sides. 2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 147, 148, 341, 323, 324, 307 of IPC and Section 3 of TNPPDL Act read with 3(1)(v) of SC/ST Act 1989, in P.R.C.No. 30 of 2011 on the file of the learned Judicial Magistrate, Ambasamuthram, Tiruneveli District, to consider the surrender of the petitioners and consider their bail application on the same day on merits. 3. Perused the records. 4. The offences complained of, other than the offence under the Special enactment is under 307 of IPC, which is serious one. The learned counsel for the petitioners would submit that the petitioners are ready to surrender before the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District and to co- https://hcservices.ecourts.gov.in/hcservices/ 2 operate with the prosecution and their petition for bail may be ordered to be considered purely on merits. 5. Therefore, the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District, is directed to accept the surrender of the petitioners and a Petition to cancel Non-bailable warrant, if filed and consider their bail application on the very same day purely on the basis of merits by considering the circumstances of the offence under Section 307 of IPC and as to whether the treatment of the injured persons in hospital has been completed or not and also regarding the damages caused in the occurrence and to pass suitable orders, in the event of petitioners surrendering before the said Court within 15 days from today and on his filing of Petition seeking bail and a petition for cancellation of Non-Bailable Warrant and recalling of also. 6. Accordingly, this Petition is ordered, with the aforesaid directions. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1. The II Additional Sessions Judge, (PCR Court) Tirunelveli, Tirunelveli District 2. The Judicial Magistrate, Ambasamudram, Tirunelveli District. 3. The Inspector of Police V.K.Puram Police Station Tirunelveli District 4. The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai Crl.O.P.(MD).No.15260 of 2011 23.11.2011 vsg SMA/30.11.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/