1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16259 of 2011 1. Murugan 2. Siva @ Sivarajan 3. Prakash @ Muthu Prakash 4. Pancha @ Panju : Petitioners/Accused 1, 3, 5 & 6 Vs. State through The Sub Inspector of Police, Y.Othakadai Police Station, Madurai District. (Crime No.487/2011) : Respondent/Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District Judge (PCR) Madurai to consider the bail application of the petitioners/Accused Nos.1, 3, 5 & 6 in Cr.No.487 of 2011 on the file of the respondent police on the same day of surrender on merits. For Petitioners : Mr.C.Sundaravadivel For Respondent : Mr.P.Kannithevan, Govt. Advocate (Crl.side) O R D E R Heard Mr.C.Sundaravadivel, the learned counsel for the petitioners and Mr.P.Kannithevan, the learned Government Advocate (Crl.side) appearing for the respondents/State. 2. The petitioners, who apprehends arrest for the offences punishable under Sections 147, 148, 324, 307 I.P.C. r/w 3(1) (x) SC/ST Act, 1989 in Crime No.487 of 2011 on the file of the respondent police, move this petition seeking direction to the learned III Additional District Judge (PCR) Madurai, to accept the surrender of the petitioner and consider their bail application on the same day on merits. 3. Perused the records. 4. The learned counsel appearing for the petitioner would submit in his argument that even though the petitioners are 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 https://hcservices.ecourts.gov.in/hcservices/ 2 discharged from the hospital and hence, the gravity of the alleged offence under Section 307 I.P.C is somewhat 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 see that the injured has been discharged from the hospital. However, the III Additional District Judge (PCR) Madurai, is directed to consider the gravity of the offence under Section 307 I.P.C and to accept the surrender of the petitioners, in the event of the petitioners 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 their bail application and to pass suitable orders on merits, on the same day. 7. With the above said direction, this petition is ordered. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The III Additional District Judge (PCR), Madurai, 2.The Sub Inspector of Police, Y.Othakadai Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. Crl.O.P.(MD).No.16259 of 2011 14.12.2011 vsm NSV/21.12.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/