Isakki Raja vs The State

V. Periya Karuppiah, J.—Heard both sides.

The Petitioner, who apprehends arrest for the offences punishable under Sections 417, 376, 312, 201 I.P.C. read with Section 3(1)(xii) of

SC/ST Prevention of Atrocities Act, 1989 in Crime No. 1 of 2011 on the file of the Respondent police, move this petition seeking direction to the

learned Principal Sessions Judge, Virudhunagar, to accept the surrender of the Petitioner and consider his bail application on the same day on

merits.

Perused the records.

The offences other than the SC/ST special enactment are serious in nature.

The learned Counsel for the Petitioner would submit in his argument that the F.I.R. has been wantonly given by the de-facto complainant,

despite the dispute in between the Petitioner and the de-facto complainant were already settled in between them on 19.09.2010, in the presence of

the Panchayatdars. However, the complaint has been given by the de-facto complainant with a view to harass the Petitioner and also to extract

more money which was already paid by virtue of the settlement on 19.09.2010. He would further submit that he was scheduled to get marriage on

04.02.2011 and he has also produced the marriage invitation. Therefore, he would request the Court that the Petitioner may be permitted to

surrender before the learned Principal Sessions Judge, Virudhunagar and to seek remedy of getting bail on the same day.

The learned Government Advocate (criminal side) would submit in her argument that the allegations made in the complaint are serious in nature

and the offences said to have been committed by the Petitioner are also to be probed. However, in view of the submission of the learned Counsel

for the Petitioner that there was already a compromise in between the parties, the petition may be considered, but let it be in the discretion of the

lower Court either to pass an order of bail or rejection of the same.

Considering the submissions made on either side, this Court could see that the Petitioner is already having the right of surrender before the lower

Court and seek the remedy of bail. No doubt, the offences mentioned other than the special enactment are serious in nature and therefore, the said

Court has to consider about the gravity of the offence and to pass orders thereon. The Petitioner has to surrender before the learned Principal

Sessions Judge, Virudhunagar, within a period of one week from the date of receipt of a copy of this order and the said Court has to consider the

bail plea of the Petitioner on its own discretion, with reference to the gravity of the offence as expeditiously as possible to a convenient date for the

said Court, after giving notice to the learned Public Prosecutor.

With the aforesaid directions, this criminal original petition is disposed of.