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Madras High CourtCRL OP/29821/2017allowed

Rajkamal @ Rajendran, v. The State Rep. By

2018-01-08Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.29821 of 2017 Rajkamal @ Rajendran .. Petitioner Vs.

The State Rep by The Inspector of Police, Pallipalayam Police Station, Namakkal District, Crime No. 310 of 2010 .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Fast Track/Mahila Judge, Namakkal to dispose the petitioner's bail petition in C.M.P.No. 728 of 2017 in S.C.No.69 of 2012 pending on the file of Fast Track/Mahila Court, Namakkal within time frame fixed. For Petitioner : Mr.K.T.S.Sivakumar For Respondents : Mr.P.Kritika Kamal Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner seeking for a direction to the learned Fast Track/Mahila Judge, Namakkal to dispose the petitioner's bail petition in C.M.P.No. 728 of 2017 in S.C.No.69 of 2012 pending on his file.

2. The petitioner's bail application has been kept pending on the ground that the main case in S.C.No. 69 of 2012 has been stayed by the High Court.

3. In my view, such reasoning may not be appropriate or legal, since the bail application is an incidental and separate procedure and it is not connected with the main proceedings in the Sessions case and needs to be decided on its own merits.

4. Hence, there shall be direction to the learned Fast Track https://hcservices.ecourts.gov.in/hcservices/

/ Mahila Judge, Namakkal to dispose of the petitioner's bail application in C.M.P.No.728 of 2017 in S.C.No. 69 of 2012, within two days from the date of receipt of a copy of this order.

5. With the above observation, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nl To

1. The Mahila Judge, Fast Track Court, Namakkal.

2. The Inspector of Police, Pallipalayam Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.T.S.Sivakumar, Advocate, S.R.No.1246 Crl.O.P.No.29821 of 2017 SK(CO) RRK(09/01/2018) https://hcservices.ecourts.gov.in/hcservices/