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Madras High CourtCRL OP(MD)/10297/2015disposed of

Rajiv Gandhi v. The Inspector Of Police

2015-06-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10/6/2015 C O R A M THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD) No.10297 Of 2015

1. Rajiv Gandhi

2. Sivakumar

3. Ramesh 4.Kaliyamoorthy ...

Petitioners/Accused No. 1,2,4 & 5 Vs State rep. By The Inspector of Police Lalgudi Police Station Trichy District.

...

Respondent/Complainant Crime No. 238 of 2015 PRAYER: Petition filed under Section 482 Cr.P.C to direct the I Additional District and Sessions Court (PCR Court), Trichy to consider the petitioners' bail application in Crime No.238 of 2015 on the file of the respondent Police on the same day of their surrender. For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.K.Anbarasan, G.A.(Crl.Side)

O R D E R

The petitioner approach this Court with a prayer to direct the I Additional District and Sessions Court (PCR Court), Trichy to consider the petitioners' bail application in Crime No.238 of 2015 on the file of the respondent Police on the same day of their surrender.

2. The petitioner is alleged to have committed an offences under Sections 147, 148, 294 (b), 324 and 506 (ii) of IPC r/w. Section 3 (1) ® & (s), 3 (2) (Va) SC/ST (POA) Amendment Ordinance, 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 petition for bail may be ordered to be considered on the same day.

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

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioners 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 petitionesr surrendering before the learned I Additional District and Sessions Court (PCR Court), Trichy and their filing of petition seeking bail, the learned I Additional District and Sessions Court (PCR Court), Trichy 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 I Additional District and Sessions Court (PCR Court), Trichy

2. The Inspector of Police Lalgudi Police Station Trichy District.

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

+1cc to Mr.B.ALAGARSAMY, Advocate, in SR. No. 28322 +1cc to M/S. T.LENIN KUMAR, Advocate in SR.No 29458 TS/11.06.2015/2P-6C Crl.O.P(MD) No.10297 Of 2015 10/6/2015 https://hcservices.ecourts.gov.in/hcservices/