1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2011 CORAM THE HONOURABLE MR. JUSTICE S.PALANIVELU Crl.O.P.(MD).No.9901 of 2011 1.Ramakrishnan 2.Santhana Mari : Petitioners/Accused -Vs- State, rep. By:: The Inspector of Police, Thalayoothu Police Station, Tirunelveli District. Crime No.213 of 2011 : Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Additional District Judge No.II cum PCR Court, Tirunelveli to consider the bail application of the petitioners herein on the same day of surrender pertaining to the crime No.213 of 2011 on the file of the respondent. For Petitioners : Mr.G.Parimalam For Respondent : Mr.P.Kannithevan,Government Advocate (Crl. Side) O R D E R This petition is filed seeking for a direction, directing the learned Additional District Judge No.II cum PCR Court, Tirunelveli to consider the bail application of the petitioners herein on the same day of surrender pertaining to the crime No.213 of 2011 on the file of the respondent. 2. The learned counsel for the petitioners would submit that on the basis of the complaint given by the defacto complaint, a case has been registered in Crime No.213 of 2011 under Section 341, 294(b), 324, 323 and 307 I.P.C. and Section 4 of Tamil Nadu Prevention of Harassment of Women Act, 2002 r/w Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 against the petitioners and others. He would further submit that the first and second accused have already granted bail by this Court in Crl.O.P.(MD) No.8262 of 2011. He would further submit that even though it was reported before the Court that the injured was taking treatment in the private hospital, this Court has granted bail to A1 and A2. He would further submit that the defacto complainant is an influential person and she wantonly remained as an in-patient in the hospital to defeat the rights of the petitioner to get bail and even if the Court has passed an order, the petitioners have to agitate before the learned Sessions Court for bail. 3. The learned Government Advocate (Crl. Side) would strongly object this petition stating that the injured is presently taking treatment in Stanley Hospital, Madras as in-patient. 4. In view of the above said circumstances and also considering the fact that A1 and A2 have already been released on bail by this Court, a direction is issued to the learned Additional District Judge No.II cum PCR Court, Tirunelveli, to consider the bail applications of the petitioners on https://hcservices.ecourts.gov.in/hcservices/ 2 the very same day purely on the basis of merits and in accordance with law. Accordingly, this Criminal Original Petition is ordered. SD ASST REGISTRAR ( WRITS ) /TRUE COPY/ SUB ASST REGISTRAR vsm To 1.The Additional District Judge No.II cum PCR Court, Tirunelveli, 2. The Inspector of Police, Thalayoothu Police Station, Tirunelveli District. 3.The Addl. Public Prosecutor Madurai Bench of Madras High Court, Madurai. DM:2011:AUGUST:29:: Crl.O.P.(MD).No.9901 of 2011 23.08.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/