Madras High CourtCRL OP(MD)/10424/2015disposed of

Subramanian 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.10424 of 2015 1.Subramanian 2.Sekar ... Petitioners/Accused 2,3 Vs.

1.. State represented by The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

2.State represented by The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

(Cr.No.70 of 2015) ... Respondents/Complainants PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional District and Sessions Judge cum Special Judge PCR Court, Tirunelveli to accept the surrender of the petitioners and consider the bail application of the petitioners on the same day of surrender in Crime NO.70 of 2015, on the file of the respondent police. For Petitioners : Mr.T.Selvan 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 II Additional District and Sessions Judge cum Special Judge PCR Court, Tirunelveli to accept the surrender of the petitioners and consider the bail application of the petitioners on the same day of surrender in Crime NO.70 of 2015, on the file of the respondent police.

2. The petitioners are alleged to have committed an offences under Sections 341, 294(b), 323, 506(i) I.P.C. r/w 3(1)(x) of the SC & ST (Prevention of Atrocities)Act, 1989. 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.

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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 petitioners surrendering before the learned II Additional District and Sessions Judge cum Special Judge PCR Court, Tirunelveli and their filing of petition seeking bail, the learned II Additional District and Sessions Judge cum Special Judge PCR Court, Tirunelveli 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 (CO) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge cum Special Judge PCR Court, Tirunelveli.

2 The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

3. The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

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

+1cc to M/S.T.SELVAN, Advocate in SR.No. 30039 Ssl SR/PRV : 16.06.2015 : 2p/6c Crl.O.P(MD)No.10424 of 2015 11.06.2015 https://hcservices.ecourts.gov.in/hcservices/