Dismissed

J. Balaganesan v. the Assistant Commissioner of

Madras HC4 Apr 2018CRL OP(MD)/5137/2018

Case brief

AI extract

What is this about?

This short order dismissed a Criminal Original Petition under Section 482 CrPC. The petitioner sought direction to the Sessions Judge to consider his bail application on the date of surrender in a case involving offenses under the SC/ST Act, Section 302 IPC, and others. The court rejected the prayer due to the nature of the offenses and the petitioner being the primary accused.

What did the court decide?

Prayer for direction to consider bail application on the date of surrender is dismissed.

J. Balaganesan Vs the Assistant Commissioner of — Bail and Remand | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.04.2018

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CORAM

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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Crl.O.P.(MD)No.5137 of 2018

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J.Balaganesan ... Petitioner / Accused No.1

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-Vs-

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1.State represented by The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

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2.The Inspector of Police, Tirunelveli Medical College Police Station, Tirunelveli City. (Crime No.30 of 2018) ... Respondents 1 and 2

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3.Kumar ... 3^rd Respondent / De facto Complainant

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Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District to consider the petitioner bail application on the date of surrender on the same day in Cr.No.30 of 2018 on the file of the Tirunelveli Medical College Police Station, Tirunelveli City.

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For Petitioner : Mr.V.Kathirvelu

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Senior Counsel for Mr.K.Prabhu For R-1 & R-2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

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ORDER

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This Criminal Original Petition has been filed to direct the learned II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District to consider the petitioner bail application on the date of surrender on the same day in Crime No.30 of 2018 on the file of the Tirunelveli Medical College Police Station, Tirunelveli City.

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Heard the learned counsel appearing for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ learned Additional Public Prosecutor appearing for the first and second respondents.

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According to the petitioner, a case in Crime No.30 of 2018 has been registered on the file of the Inspector of Police, Tirunelveli Medical College Police Station, Tirunelveli, for the offences punishable under Sections 147, 148, 447, 294(b), 324, 302, 506(2) and 120B IPC and Sections 3 and 4(a) of the Explosive Substances Act, 1908, r/w Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 3(2)(v) of the SC/ST (PREVENTION OF ATROCITIES) Act, 1989 against the accused persons.

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The learned Senior Counsel appearing for the petitioner submitted that a perusal of the FIR would show that there were three named accused and six unnamed accused. The petitioner has been arrayed as Accused No.1. On 26.02.2018, about 07.45 p.m., six unnamed persons unlawfully entered into the de facto complainant's house and threatened to withdraw the Civil case filed against him. The present petition has been filed to consider the bail application on the date of surrender before the Court below for the aforesaid crime by the petitioner.

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The learned Additional Public Prosecutor strongly objected that the case has been registered under Sections 302 and 506(ii) IPC, the Explosive Substances Act and also the SC/ST Act. The petitioner has been arrayed as A1. Hence, the prayer in this Criminal Original Petition cannot be granted.

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Considering the nature of the offence in the First Information Report and the petitioner has been arrayed as accused No.1, the prayer sought for by the petitioner in this Criminal Original Petition cannot be granted. Accordingly, this Criminal Original Petition is dismissed.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar

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1.Second Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District.

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2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

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https://hcservices.ecourts.gov.in/hcservices/ 3.The Inspector of Police,

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Tirunelveli Medical College Police Station,

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Tirunelveli City.

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

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+1cc to M/S.K.Prabhu, Advocate SR.No. 59937

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Order made in Crl.O.P.(MD) No.5137 of 2018 Dated: 04.04.2018

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sm JM/SV MMS/SAR 1/13.04.2018/3P/6C

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https://hcservices.ecourts.gov.in/hcservices/

J. Balaganesan v. the Assistant Commissioner of

Case brief

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J. Balaganesan v. the Assistant Commissioner of

Case brief

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