1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.1167 of 2011 1. Mani @ Manikandan 2. Selvam 3. Maruthuraj 4. Suresh 5. Rajendran 6. Arumugam 7. Vallarasu 8. Sivakumar 9. Vicky @ Vignesh 10. Ayyar ... Petitioners/Accused 1 to 10 Vs. 1. The Deputy Superintendent of Police, Periyakullam, Theni District. 2. The State represented by the Inspector of Police, Jeyamangalam Police Station, Theni District. ... Respondents/Complainants PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Cases) under SC/ST Act, Theni to accept the surrender of the petitioners and consider their bail application on the same day in Crime No.13 of 2011 on the file of Inspector of Police, Jeyamangalam Police Station. For Petitioners : M/s. V.S.Kumaraguru For Respondents : Mrs.S.Devasena, Govt. Advocate (Crl.side) ORDER Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. 2. The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 341, 323, 307 I.P.C. r/w. Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.13 of 2011 on the file of the second respondent, move this petition seeking direction to the learned Principal District and Sessions Judge (PCR Cases) under SC/ST Act, Theni to accept the surrender of the petitioners and consider their bail application on the same day on merits. 3. The learned Government Advocate (Crl.side) would submit in her argument that the injured has been discharged from the hospital on 15.02.2011. 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. By virtue of the discharging of injured person from the hospital, the gravity of the offence under Section 307 I.P.C. has been lessened. 5. Therefore, the learned Principal District and Sessions Judge (PCR Cases) under SC/ST Act, Theni is directed 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 today and their filing of petition seeking bail and to dispose their bail application in its discretion, purely on the basis of merits and to pass suitable orders either on the same day or on a day to the convenience of the said Court. Accordingly, this petition is ordered, with the aforesaid observation. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, (PCR Cases) under SC/ST Act, Theni. 2. The Deputy Superintendent of Police, Periyakullam,Theni District. 3. The Inspector of Police, Jeyamangalam Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +1cc to Mr.V.S.Kumaraguru, Advocate SR.No.8976 Crl.O.P.(MD).No.1167 of 2011 17.02.2011 akv PA/18.02.2011/2P/6C(IT) https://hcservices.ecourts.gov.in/hcservices/