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Madras High CourtCRL OP(MD)/10110/2015disposed of

Pasumpon @ Kothalamuthu v. The Inspector Of Police

2015-06-09Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.10110 of 2015 1.Pasumpon @ Kothalamuthu 2.Muthan ... Petitioners/Accused 1 & 2 Vs State rep by The Inspector of Police, Veerapandi Police Station, Theni District.

(Cr.No.274 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioners in Cr.No.274 of 2015 on the file of the respondent police and to consider the bail application on the same day. For Petitioners : Mr.A.K.Manickam For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned Principal District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioners in Cr.No.274 of 2015 on the file of the respondent police and to consider the bail application on the same day.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 427 and 506(i) of IPC and Sec. 3(1) (r) (s), 3(1)(t), 3 (2)(va) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. It is stated by the petitioners that they are innocent.

3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to co-operate with the prosecution and their petitions for bail may be ordered to be considered on the same day.

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

5. Considering the submission of the petitioners 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:- https://hcservices.ecourts.gov.in/hcservices/

"In the event of the petitioners surrendering before the learned Principal District and Sessions Judge (PCR Court), Theni and their filing of petition seeking bail, the learned Principal District and Sessions Judge (PCR Court), Theni 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 (T&P) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions judge (PCR Court), Theni.

2.The Inspector of Police, Veerapandi Police Station, Theni District.

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

+1cc to Mr.A.K.MANICKAM, Advocate, in SR. No. 29448 TS/12.06.2015/2P-5C Crl.O.P(MD).No.10110 of 2015 09.06.2015 https://hcservices.ecourts.gov.in/hcservices/