1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15535 of 2011 Vijayakanth ... Petitioner/Accused No.6 Vs. State rep. By The Inspector of Police, Jeyamangalam Police Station, Theni District. ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the District and Sessions Court (PCR cases), Theni to consider the surrender and bail application filed by the petitioners in Crime No.189 of 2011 pending on the file of the respondent police on the same day. For Petitioner :: Mr.M.Ajmal Khan For Respondents :: Mr.P.Kannaithevan, Govt. Advocate (Crl.side) O R D E R Heard Mr.M.Ajmalkhan, the learned counsel for the petitioner and Mr.P.Kannithevan, the learned Government Advocate (Crl.side) appearing for the respondent/State. 2. The petitioner, who apprehends arrest for the offences punishable under Sections 147, 341, 324 of IPC and 3(i) (x) of SC and ST (P.A) Act, 1989 in Crime No.189 of 2011 on the file of the respondent police, move this petition seeking direction to the learned District and Sessions Court (PCR cases), Theni to accept the surrender of the petitioner and consider his 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 petitioner is said to have committed the offence under Section 324 of IPC 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 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 District and Sessions Court (PCR cases), Theni 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 District and Sessions Judge, (PCR Cases), Theni. 2. The Inspector of Police, Jeyamangalam Police Station, Theni District. +1CC TO MR.M.AJMAL KHAN, ADVOCATE SR : 42032 Skn SR : 07.12.2011 : 2p/4c Crl.O.P.(MD)No.15535 of 2011 29.11.2011 https://hcservices.ecourts.gov.in/hcservices/