Madras High CourtCRL OP(MD)/10451/2015disposed of

J.Ajithkumar 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.10451 of 2015

1. J.Ajithkumar

2. P.Sankesh @ Sankesh Kumar

3. P.Karthick @ Karthick Raj ... Petitioners/Accused No.4 to 6 Vs.

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

(Crime No.151 of 2015 ... Respondent/Complainant PRAYER:This petition is preferred under Section 482 Cr.P.C to direct the learned Principal Sessions Judge cum P.C.R. Court, Sivagangai to accept the surrender of the petitioners and consider the bail application on the same day in connection with Cr.No.151 of 2015 pending investigation on the file of the respondent police.

For Petitioners : Mr.G.Thiruvarutselvan 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 Principal Sessions Judge cum P.C.R. Court, Sivagangai to accept the surrender of the petitioners and consider the bail application on the same day in connection with Cr.No.151 of 2015 pending investigation on the file of the respondent police.

2. The petitioners are alleged to have committed an offences under Sections 147, 148, 323, 324, 307 I.P.C. and 3(1)(x) and (s) (POA) SC/ST Amendment Ordinance Act 2014. It is stated by the petitioner that they are innocent.

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3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to co-operate 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.

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 Principal Sessions Judge cum P.C.R. Court, Sivagangai and their filing of petition seeking bail, the learned Principal Sessions Judge cum P.C.R. Court, Sivagangai 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 ssl To 1.The Principal Sessions Judge cum (P.C.R.COURT) The Principal Sessions Court cum P.C.R. Court, Sivagangai

2. The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

+1cc to MR.G.THIRUVARUT SELVAN,ADVOCATE IN SR NO.30049 Crl.O.P(MD)No.10451 of 2015 11.06.2015 RG.11.06.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/