1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.1466 of 2011 Sasangan @ Subramanian ... Petitioner/Accused No.1 Vs. The State represented by The Inspector of Police, Valliyoor Police Station, Tirunelveli District. Cr.No.408 of 2010 ..Respondent/Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli, Tirunelveli District to consider and dispose the bail application to be filed by the petitioner on the same day of his surrender in connection with the case in crime No.408 of 2010 on the file of the Inspector of Police, Valliyoor Police Station, Tirunelveli District. For Petitioner : Mr.R.Anand For Respondent : Mr.L.Murugan Govt. Advocate (Crl.side) ORDER Heard Mr.R.Anand, 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 294(b), 323, 324, 307, 506(ii) and 379 (N.P.) I.P.C. read with Sections 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.408 of 2010 on the file of the respondent police, move this petition seeking direction to the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli, Tirunelveli District to accept the surrender of the petitioner and consider his bail application on the same day on merits. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Perused the records. 4. The learned counsel appearing for the petitioner would submit in his argument that even though the petitioner is said to have committed the offence under Section 307 I.P.C along with other offences, which are serious in nature, the injured has been discharged from the hospital and hence, the gravity of the alleged offence under Section 307 I.P.C is lessened and the petitioner need not be warranted any initial detention in jail, even before considering the bail application. 5.The learned Government Advocate (criminal side) would also submit in his argument that the injured has been discharged from the hospital and therefore, suitable order may be passed. 6.Considering the submissions made on either side, this Court could understand that since the injured has been discharged from the hospital, the gravity of the offence is lessened and hence, the learned II Additional District and Sessions Judge, PCR Court, Tirunelveli, Tirunelveli District 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 the date of receipt of a copy of this order and on his filing of petition seeking bail and to dispose his bail application and to pass suitable orders on the same day. 7.With the above said direction, this petition is ordered. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge cum PCR Court, Tirunelveli, Tirunelveli District. 2.The Inspector of Police,Valliyoor Police Station,Tirunelveli Dist. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. arul akm/14.02.11 /2p-4c/ Crl.O.P.(MD).No.1466 of 2011 https://hcservices.ecourts.gov.in/hcservices/