Madras High CourtCRL OP(MD)/10361/2015disposed of

Parthibarajan v. The Inspector Of Police

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.10361 of 2015 Parthibarajan ... Petitioner Vs.

The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Cr.No.145 of 2015) ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional Sessions Judge, Tirunelvlei for PCR cases to consider the surrender and bail application of the petitioner on the same day in respect of Cr.No.145 of 2015 on the file of the respondent police. For Petitioner : Mr.R.Ramachandran 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 learned II Additional Sessions Judge, Tirunelvlei for PCR cases to consider the surrender and bail application of the petitioner on the same day in respect of Cr.No.145 of 2015 on the file of the respondent police.

2. The petitioner is alleged to have committed an offences under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC r/w 3(1)(x) of SC/ST Act. 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:- "In the event of the petitioner surrendering before the learned II Additional Sessions Judge, Tirunelvlei for PCR cases and his filing of petition seeking bail, the learned II Additional Sessions Judge, https://hcservices.ecourts.gov.in/hcservices/

Tirunelvlei for PCR cases 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/- Assistant Registrar(AS) \\True copy\\ Sub Assistant Registrar To

1. The II Additional Sessions Court, Tirunelvlei for PCR cases.

2. The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

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

+1cc to MR.R.Ramachandran, Advocate Sr.No.29685 Crl.O.P(MD)No.10361 of 2015 11.06.2015 ssl NA/AMF/16/06/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/