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Madras High CourtCRL OP(MD)/10450/2015disposed of

Karihalan 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.10450 of 2015 Karihalan ... Petitioner/A.1 Vs.

The State represented by

1. The Deputy Superintendent of Police, Samayanallur Division, Madurai District.

2. The Inspector of Police, Nagamalaipudukkottai Police Station, Madurai District.

(Crime No.250 of 2015) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the III Additional District and Sessions Judge (PCR Cases), Madurai District to consider the bail application of the petitioner on the same day of his surrender in Crime No.250 of 2015, on the file of the second respondent police.

For Petitioner : Mr.S.Sathya Chidambaram For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

The petitioner approach this Court with a prayer to direct the learned III Additional District and Sessions Judge (PCR Cases), Madurai District to consider the bail application of the petitioner on the same day of his surrender in Crime No.250 of 2015, on the file of the second respondent police.

2. The petitioner is alleged to have committed an offences under Section 323 IPC r/w 3(i)(x) of SC/ST(POA) 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.

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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 III Additional District and Sessions Judge (PCR Cases), Madurai District and his filing of petition seeking bail, the learned III Additional District and Sessions Judge (PCR Cases), Madurai 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/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The III Additional District and Sessions Judge (PCR Cases), Madurai District.

2. The Deputy Superintendent of Police, Samayanallur Division,Madurai District.

3. The Inspector of Police, Nagamalaipudukkottai Police Station, Madurai District.

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

Ssl SR/PRV : 16.06.2015 : 2p/4c Crl.O.P(MD)No.10450 of 2015 11.06.2015 https://hcservices.ecourts.gov.in/hcservices/