Boopathy v. Inspector of Police, Keelavalavu Police Station, Madurai
2014-10-16
N.KIRUBAKARAN
body2014
DigiLaw.ai
JUDGMENT N. KIRUBAKARAN, J. 1. The petitioner, who is shown as 7th accused in the murder case seeks a direction to the learned III Additional Sessions Judge (PCR Cases), Madurai, Madurai District to accept his surrender and to consider his bail application on the same day in connection with Crime No. 129 of 2014, on the file of the Inspector of Police, Keelavalavu Police Station, Madurai District. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side). 3. One Iyappan is said to have been murdered by one Mathivanan on 04.06.2014. In that case, the petitioner has been shown as seventh accused. It is seen from the records that the Original F.I.R does not reveal the name of the petitioner, only in the altered F.I.R. petitioner's name has been shown. In the altered F.I.R. it is stated that the petitioner and other accused gave asylum to the main accused and the petitioner is said to have been made an accused, based on the confession made by the main accused. 4. A perusal of the confession statement given by the main accused Mathivanan would reveal that the petitioner, who is the brother-in-law of the main accused asked the main accused to leave his house, after coming to know about the murder committed by the main accused and that is the categorical statement made by the accused in the confession. In those circumstances, the petitioner cannot said to have given asylum to the main accused. 5. The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application. 6. Therefore, the learned III Additional Sessions Judge (PCR Cases), Madurai, Madurai is directed to accept the surrender of the petitioner and consider his bail application on the same day purely on the basis of merits and in accordance with law. Accordingly, this Criminal Original Petition is ordered.