Madras High CourtCRL OP(MD)/10330/2015disposed of

Arivazhagan v. The Deputy Superintendent Of

2015-06-11Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD) No.10330 of 2015 Arivazhagan ... Petitioner/Accused No.1 Vs.

State represented by The Deputy Superintendent of Police, Seerkali Police Division, Nagapattinam District.

In Cr.No.384 of 2014 ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the I Additional District and Sessions Court (PCR), Thanjavur District to consider his bail application to be filed by the petitioner on his surrender in Crime NO.384 of 2014 on the file of the respondent police on the same day on merits.

For Petitioner : Mr.A.Arun Prasad For Respondent : Mrs.S.Prabha Government Advocate(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), Thanjavur District to consider his bail application to be filed by the petitioner on his surrender in Crime NO.384 of 2014 on the file of the respondent police on the same day on merits.

2. The petitioner is alleged to have committed an offences under Sections 294(b), 355 IPC r/w 3(1)(r) and 3(1)(s) of SC/ST Amendment Ordinance Act 2014. It is stated by the petitioner that he 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 his 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.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner 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 petitioner surrendering before the learned I Additional District and Sessions Judge (PCR), Thanjavur District and his filing of petition seeking bail, the learned I Additional District and

Sessions Judge (PCR), Thanjavur District shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

Accordingly, the Criminal Original Petition stands disposed of. Sd/- The Assistant Registrar(RTI) /True copy/ Sub-Assistant Registrar To

1. The I Additional District and Sessions Court (PCR), Thanjavur District

2. The Deputy Superintendent of Police, Seerkali Police Division, Nagapattinam District.

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

+1cc to Mr.Arun Prasad, Advocate SR.No.30432 ssl sm:17.06.2015:2P/5C Crl.O.P(MD)No.10330 of 2015 11.06.2015 https://hcservices.ecourts.gov.in/hcservices/