← Library
Madras High CourtCRL OP(MD)/10696/2015ordered

Balu, M/24 Yrs v. The Inspector Of Police

2015-06-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Criminal Original Petition (MD) No.10696 of 2015 1.Balu 2.Guru 3.Dinesh 4.Kannan ... Petitioners/Accused 1 to 4 Vs State rep by The Inspector of Police, Kadupatti Police Station, Madurai District.

Crime No.73 of 2015 ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned III Additional District Sessions Judge cum P.C.R.Court, Madurai to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners surrender before the learned III Additional District Sessions Judge cum P.C.R.Court, Madurai in Crime No.73 of 2015 on the file of the respondent. For Petitioners : Mr.B.Suthasathyananth For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned III Additional District Sessions Judge cum P.C.R.Court, Madurai to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners surrender before the learned III Additional District Sessions Judge cum P.C.R.Court, Madurai in Crime No.73 of 2015 on the file of the respondent.

2. The petitioners are alleged to have committed an offence under Sections 147, 294(b), 336 and 506(i) of IPC and 4 of TNWH Act r/w. Sec. 3(1) (x) of SC/ST 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 petitions 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 submission of the petitioners and considering the fact and circumstances 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 III Additional District Sessions Judge cum P.C.R.Court, Madurai and their filing of petition seeking bail, the learned III Additional District Sessions Judge cum P.C.R.Court, Madurai shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The III Additional District Sessions Judge cum P.C.R.Court, Madurai.

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

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

+1cc to Mr.B.Sudha Sathyananth,Advocate SR.No.30749 Crl.O.P(MD).No.10696 of 2015 15.06.2015 Ns PA/19.06.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/