1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.2595 of 2011 M.Raja ... Petitioner Vs. State through, The Inspector of Police, C4 Othakadai Police Station, Madurai District Crime No.56 of 2011 ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Additional District and Sessions Judge (PCR) Court, Madurai to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the (*) above mentioned concerned Court in pending investigation of Crime No.(*)56 of 2011 on the file of the Inspector of Police, (*) C-4, Othakadai Police Station, Madurai District. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R Heard Mr.G.Thalaimutharasu, the learned counsel for the petitioner and Mr.L.Murugan, the learned Government Advocate (Crl.side) appearing for the respondent/State. 2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 323, 324, 427 I.P.C. read with 3 (1)(x) of SC/ST Act altered into 147, 148, 323, 324, 307, 427 I.P.C. read with 3(ii) (v) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.(*)56 of 2011 on the file of the Inspector of Police, (*) C- 4, Othakadai Police Station, Madurai District moves this petition seeking direction to the learned Additional District and Sessions Judge (PCR) Court, Madurai to accept the surrender of the petitioner and consider his bail application on the same day on merits. 3. The learned counsel appearing for the petitioner would submit that except the petitioner, all the other accused persons were stated to have been released on bail by the learned Additional District and Sessions Judge (PCR) Court, Madurai. Therefore, he would request the Court to allow the petition accordingly. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The offences complained of, other than the offence under the special enactment, per-se are serious in nature warranting initial detention in jail, even before considering the bail application. However, this Court could see that the gravity of Section 307 I.P.C would not be the same as in the earlier stage of the case and it has been lessened since the injured has been discharged from the hospital. 5. Therefore, the learned Additional District and Sessions Judge (PCR) Court, Madurai, is directed to accept the surrender of the petitioner, in the event of the petitioner surrendering before the said Court within a period of 15 days from today and his filing of petition seeking bail and to dispose of his bail application and to pass suitable orders on the same day. He is further directed to consider the offence under Section 307 I.P.C as liberally at the time of granting bail, after verifying the fact that the other accused have already been released on bail. 6. With the above said direction, this petition is ordered. Sd/- Deputy Registrar (Writs) sd/- Assistant Registrar (C.O) (*) Amended as per order of this Court dated 18.03.2011 /True Copy/ Assistant Registrar To To be substituted for the orders already despatched on 02.03.2011:- 1.The Additional District and Sessions Judge, P.C.R. court, Madurai. 2.The Inspector of Police, C4 Othakadai Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +1 CC to Mr.G.Thalaimutharasu, Advocate SR.No.2213 Crl.O.P.(MD).No.2595 of 2011 01.03.2011 arul NSV/2.3.11/2P/5C arul RJ/25.3.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/