Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 294(b), 323, 324, 341, 506(ii)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 s. 3(1)(X)
Key paragraphs
- Para 55. Therefore, the learned I Additional District & Sessions Judge (PCRCourt), Thanjavur, is directed to accept the surrender of the petitionersand consider their bail application on the very same day purely on the basisof merits and to pass suitable orders, in the event of petitionerssurrendering…
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 21.02.2011CORAM:THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAHCrl.O.P.(MD).No.2095 of 20111.R.Bhupesh Gupta2.R.Kubendran ... Petitioners/Accused 1 & 2Vs.
The Deputy Superintendent of PoliceThiruvidaimaruthurThanjavur District2.State, rep. by Inspector of PoliceNatchiyarkoil Police StationThanjavur District ... Respondents/ComplainantsPRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District &Sessions Judge (PCR Court), Thanjavur, to accept the surrender of thepetitioners and consider their bail application on the same day on merits inrelating to Crime No. 48 of 2011 dated 11.2.2011 on the file of the 2nrespondent police. For Petitioners : Mr.K.Samidurai For Respondents : Mr.L.Murugan Govt. Advocate (Crl. Side)ORDERHeard both sides.
The petitioners, who apprehend arrest for the offences punishableunder Sections 341, 324, 323, 294(b), 506(ii) of IPC and Section 3(1)(X) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, inCr.No.48 of 2011 on the file of the respondent police, move this petitionseeking direction to the learned I Additional District & Sessions Judge (PCRCourt), Thanjavur, to accept the surrender of the petitioners and considertheir bail application on the same day on merits.
Perused the records.
The offences complained of, other than the offence under the Special enactment, are not serious since the injured has been discharged https://hcservices.ecourts.gov.in/hcservices/ 2from the hospital the same can be considered by the said Court on the sameday.
Therefore, the learned I Additional District & Sessions Judge (PCRCourt), Thanjavur, is directed to accept the surrender of the petitionersand consider their bail application on the very same day purely on the basisof merits and to pass suitable orders, in the event of petitionerssurrendering before the said Court within 15 days from today and theirfiling of petition seeking bail. Accordingly, this Petition is ordered. Sd/-Deputy Registrar(W)/TRUE COPY/Assistant RegistrarTo1.The I Additional District and Sessions Judge,(PCR Court), Thanjavur. 2. The Deputy Superintendent of PoliceThiruvidaimaruthurThanjavur District3.The Inspector of PoliceNatchiyarkoil Police StationThanjavur District 4. The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai+1cc to Mr.K.Samidurai, Advocate SR.No.9326Crl.O.P.(MD).No.2095 of 201121.02.2011vsgPA/25.02.2011/2P/6C
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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