Madras High CourtCRL OP(MD)/10085/2015disposed of

Otchayee v. The Inspector Of Police

2015-06-08Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.10085 of 2015 Otchayee ... Petitioner/Accused No.1 Vs The State rep. By The Inspector of Police, Taluk Police Station, Bodinayakkanur, Theni District.

(Crime No.285 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal District Sessions Judge, Theni, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.285 of 2015 on the file of the respondent.

For Petitioner : Mr.P.Thambidurai For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned Principal District Sessions Judge, Theni, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.285 of 2015 on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Sections 294(b), 323 of IPC and Section 3(1)(r)(s), 3(2)V(a) of SC/ST POA Amendment of Ordinance Act, 2014 r/w Sections 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act. It is stated by the petitioner that she is innocent.

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the lower Court to co-operate with the prosecution and her petition for bail may be ordered to be considered on the same day.

4. The learned Government Advocate (Crl. Side) would oppose the said request.

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5. Considering the submission of the petitioner and considering the fact and circumstances by issuing a direction to the lower Court to

dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, the following direction is issued to the lower Court:- "In the event of the petitioner surrendering before the lower Court and his filing of petition seeking bail, the lower Court shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

6. Accordingly, the Criminal Original Petition stands disposed of. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Principal District Sessions Judge, Theni.

2.The Inspector of Police, Taluk Police Station, Bodinayakkanur, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.P.THAMBIDURAI, Advocate, in SR. No. 28564. TS/11.06.2015/2P-5C Crl.O.P(MD).No.10085 of 2015 08.06.2015 https://hcservices.ecourts.gov.in/hcservices/