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Madras High CourtCRL OP(MD)/10580/2015ordered

Saravanakumar @ v. The Inspector Of Police

2015-06-12Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.10580 of 2015 1.(*) Saravanakumar @ Balasubramanian

2. Subramanian

3. Senthurpandi ... Petitioners Vs.

State rep. by The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

Crime No.165 of 2015.

... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners surrender before the learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli in Crime No.165 of 2015 on the file of the respondent.

For Petitioners : Mr.M.Saravanan For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The petitioners approach this Court for a direction to the learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli to consider the petitioners' bail application and dispose the same on the same day, if the petitioners surrender before the learned learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli in Crime No.165 of 2015 on the file of the respondent.

2. The petitioners are alleged to have committed an offences under Sections 294(b), 323, 506(ii) of I.P.C. r/w. Section 3(i)(x) of SC/ST (POA) 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 learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli 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 submit that the injured has sustained simple injury.

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5. Considering the submissions of the learned counsel for the petitioners and considering the facts and circumstances by issuing a direction to the learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli 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 Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli and their filing of petition seeking bail, the learned Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

The Criminal Original Petition is ordered accordingly. Sd/- 12.06.2015 (*)1st petitioner name has been amended as per the order of this Court made in MP(MD)No.1/15 in Crl.OP(MD)No.10580/2015 dated 31.07.2015.

sd/ Assistant Registrar(Records) \\True copy\\ Sub Assistant Registrar To To be substituted the order already despatched on 12.06.2015.

1. The Additional District and Sessions Judge cum P.C.R. Court, Tirunelveli.

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

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

+1CC to Mr.R.Subramanian,Advocate, SR.No. 43103. Crl.O.P(MD).No.10580 of 2015 akv NA/AMF/12/06/2015/P2/5C PA/19.08.2015/KBM/SAR-I/2P/4C https://hcservices.ecourts.gov.in/hcservices/