Madras High Court

CRL OP(MD)/23657/2013 of LAKSHMI Vs THE INSPECTOR OF POLICE on 30 December 2013

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THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/12/2013 CORAM: THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.23657 of 2013 1. Lakshmi 2. Malathi ... Petitioners/ A /3 & A .4 Vs State through the Inspector of Police Vattathikottai Police Station Thanjavur District. (Crime No.122 of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30/12/2013

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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1. Lakshmi2. Malathi

Statethrough the Inspector of PoliceVattathikottai Police StationThanjavur District.(Crime No.122 of 2013)...Respondent/Complainant Prayer: Petition filed under Section 482 of the Code ofCriminal Procedure, to direct the learned I Additional SessionsCourt (PCR), Thanjavur to accept the surrender of the petitionerin Crime No.122 of 2013 on the file of the respondent Police andto consider his bail application which would be filed on the sameday of the surrender and to pass any such further order or ordersas this Court may deem fit and proper.

Heard both sides.

2. The petitioners, who apprehend arrest for the offencespunishable under Sections 147, 148m 294 (b), 302, 307, 323, 324,354 and 506 (ii) of IPC read with 3 (2) (v) of Scheduled Caste andScheduled Tribe (Prevention of Attrocities) Act, 1989, inCr.No.122 of 2013 on the file of the respondent Police, moves thispetition seeking direction to the learned I Additional SessionsJudge (PCR), Thanjavur to consider the bail application of thepetitioner on the same day of their surrender in Crime No.122 of2013 on the file of Inspector of Police, Vattathikottai Policehttps://hcservices.ecourts.gov.in/hcservices/Station, Thanjavur District.

4. It is submitted that the alleged occurrence took place on10.10.2013 and the complaint was lodged on 12.10.2013 and thevictim was discharged from hospital and thereafter he was admittedagain on hospital and the victim had undergone surgery and he diedon 16.11.2013 i.e., after a gap of nearly one month.

5. The offences complained of, other than the offence underthe Special enactment, may not be serious in nature warrantinginitial detention in jail, even before considering the bailapplication.

6. Therefore, the learned I Additional Sessions Judge (PCR),Thanjavur is directed to accept the surrender of the petitionersand consider bail application on the very same day purely on thebasis of merits and to pass suitable orders, in the event ofpetitioners surrendering before the said Court within 15 days fromtoday and his filing of petition seeking bail. Accordingly, thispetition is ordered.

Sd/-Deputy Registrar(Admn)

/True Copy/

Assistant Registrar

To1. The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

2. The I Additional Sessions Judge (PCR) Thanjavur.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.R.Venkateshwar, Advocate, SR.No.64433

sesRL/5 c- 2/1/2014

Crl.O.P.(MD) No.23657 of 2013

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