Madras High CourtCRL OP(MD)/10404/2015disposed of

N.Eswaran 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.10404 of 2015

1. N.Eswaran

2. N.Malliga ... Petitioners/Accused 1 and 2 Vs.

The State represented by its The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.261 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the District Sessions Judge cum Special Court under PCR Act Cases, Sivagangai District to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law of their surrender in connection with Crime NO.261 of 2015, on the file of the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

For Petitioners : Mr.R.G.Shankar Ganesh For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

The petitioners approach this Court with a prayer to direct the learned District Sessions Judge cum Special Court under PCR Act Cases, Sivagangai District to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law of their surrender in connection with Crime NO.261 of 2015, on the file of the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

2. The petitioners are alleged to have committed an offences under Sections 294(b), 323, 506(i) I.P.C. r/w 3(1)(r) (s) SC/ST POA Amended 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 cooperate with the prosecution and their 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.

https://hcservices.ecourts.gov.in/hcservices/

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 petitioners surrendering before the learned District Sessions Judge cum Special Court under PCR Act Cases, Sivagangai District and their filing of petition seeking bail, the learned District Sessions Judge cum Special Court under PCR Act Cases, Sivagangai 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 District Sessions Judge cum Special Court under PCR Act Cases, Sivagangai District 2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1cc to M/s.G.Shankar Ganesh, Advocate SR.No.29971 ssl sm:17.06.2015:2P/5C Crl.O.P(MD)No.10404 of 2015 11.06.2015 https://hcservices.ecourts.gov.in/hcservices/