Madras High CourtCRL OP/25456/2015allowed

Rajkumar v. State Rep By

2015-10-12Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.O.P No.25456 of 2015

1. Rajkumar

2. K.Govindarajan

3. P.Sabapathy ... Petitioners Vs.

State rep.by Inspector of Police Vigilance and Anti Corruption Cuddalore ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Principal District Sessions Judge/the Special Court Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner's surrender in connection with Crime No. 11 of 2015 pending investigation on the file of the Inspector of police, Vigilance and Anti Corruption Cuddalore, Cuddalore District and pass such other order or orders as this Honble court may deem fit and proper in the circumstances of this case.

For Petitioners : Mr.K.Gandhi Kumar For Respondent : Mr.P.Govindarajan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed under section 482 of Code of Criminal Procedure, 1973 praying to give necessary direction to the Principal District and Sessions Court/Special Court Cuddalore to consider the bail application to be filed by the petitioners sympathetically and pass orders on merits on the same day.

2. It is averred in the petition that the petitioners have been arrayed as accused 1 to 3 in Crime No.11 of 2015 on https://hcservices.ecourts.gov.in/hcservices/

the file of the respondent police. Further, it is averred in the petition that the petitioners are said to have committed offences under S.C & S.T.Act. Under the said circumstances, present petition has been filed for getting the relief sought therein.

3. The learned counsel appearing for the petitioners has advanced his arguments on the basis of the averments made in the petition.

4. The learned Additional Public Prosecutor has contended that the relief sought for in the present petition cannot be practically granted and at the most, the concerned court can be directed to consider the bail application to be filed by the petitioners on merits.

5. Considering the rival submissions made on either side, this court is of the view to give the following direction: In fine, this Criminal Original Petition is allowed. If any bail application is filed by the petitioners in Crime No.11 of 2015 Vigilance and Anti Corruption, Cuddalore, the Principal District and Sessions Court/Special Court Cuddalore is directed to dispose of the same on merits. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ajr To

1. The Principal District and Sessions Court/Special Court Cuddalore.

2. The Inspector of Police Vigilance and Anti Corruption Cuddalore +1cc to the Public Prosecutor, S.R.No.55867 +1cc to Mr.K.Gandhi Kumar, Advocate, S.R.No.55644 Crl.O.P No.25456 of 2015 SVI(CO) CA(20/10/2015) https://hcservices.ecourts.gov.in/hcservices/