1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.11991 of 2011 1.Millar 2.Mariappan : Petitioners/Accused 1 & 2 Vs. The State represented by Sub-Inspector of Police, V.K.Puram Police Station, Cr.No.348/2011 Tirunelveli District. : Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District to consider the petitioner's bail application on the date of surrender on the same day in Crime No.348/2011 for offences under Sections 341, 294(b), 323, 506(ii) I.P.C. and 3(i)(x) of SC/St Act on the file of the Sub- Inspector of Police, V.K.Puram Police Station, Tirunelveli District. For Petitioners : Ms.S.Ragaventhre For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl. Side) O R D E R Heard both sides. 2. The petitioners, who apprehend arrest for the offences punishable under Section 341, 294(b), 323, 506(ii) I.P.C. and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.348 of 2011 on the file of the respondent police, moves this petition seeking a direction to the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.348 of 2011. 3. During the argument, the learned counsel for the petitioners would submit that the 2nd petitioner/A2 was arrested by the respondent and remanded to judicial custody. 4. The learned Government Advocate (Crl. Side) would submit that the injured has already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Since the second petitioner was arrested and remanded to judicial custody, this petition has become infructuous in respect of the second petitioner/A2 and hence, this criminal original petition is dismissed as infructuous in respect of the second petitioner/A2. 6. As far as the first petitioner/A1 is concerned, 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. 7. Therefore, the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District is directed to accept the surrender of the first petitioner/A1 and consider his bail application on the very same day purely on the basis of merits and in accordance with law. 8. With the above direction, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District. 2.The Sub-Inspector of Police, V.K.Puram Police Station, Tirunelveli District. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. Crl.O.P.(MD).No.11991 of 2011 12.09.2011 vsm NSV/20.9.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/