Jothimani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN Crl.O.P.No. 18707 of 2020 Jothimani S/o. Velayudham ... Petitioner Vs.

State rep. by The Inspector of Police Thittakudi Police Station Cuddalore District ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District Court, Cuddalore District, to consider the bail application of the petitioner on the same day in Crime No.1316/2020 on the file of the respondent.

For Petitioner : Mr. K. Thenrajan For Respondent : Ms. M. Prabhavathi Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been laid seeking for a direction to the Principal Distirct Court, Cuddalore District to consider the bail application of the petitioner on the date of surrender in Crime No.1316/2020.

2. According to the petitioner, he is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC and 21(1) Mines and Minerals (Development & Regulation) Act, 1957.

3. No law prohibits the petitioner from seeking the Anticipatory Bail for the aforestated offences. Hence, the relief sought for by the petitioner that in the event of surrender before the District Court, Cuddalore, his bail application should be considered by the Principal District Court on the same date, as such, cannot be granted. It is for the Principal District Court, Cuddalore to consider the bail application, if any, moved by the petitioner in accordance with law.

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4. In the abovesaid circumstances, in my considered opinion, the relief sought for by the petitioner is misconceived and cannot be entertained .

5. In conclusion, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bga To

1. The Principal District Court, Cuddalore

2. State rep. by The Inspector of Police Thittakudi Police Station Cuddalore District

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.18707 of 2020 VSNII(CO) RMP(15/12/2020) https://hcservices.ecourts.gov.in/hcservices/