Madras High CourtCRL OP(MD)/11486/2015ordered

Subash @ Subash Chandra Bose v. The Inspector Of Police

2015-06-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.11486 of 2015 Subash @ Subash Chandra Bose ... Petitioner Vs.

State represented by the Inspector of Police, Athoor Police Station, Tuticorin District, Crime No.136 of 2015.

... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (in-charge), Thoothukudi to consider the bail application of the petitioner in Crime No.136 of 2014 on the file of the respondent police on merits on the date of surrender itself.

For Petitioner : Mr.S.R.Anbarasu For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed for a direction to the Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (in-charge), Thoothukudi to consider the bail application of the petitioner in Crime No.136 of 2014 on the file of the respondent police on merits on the date of surrender itself.

2. The petitioner is alleged to have committed an offences under Sections 294(b), 323, 427, 506(i) of I.P.C., and Section 4 of Tamil Nadu Harassment of Women Amendment Act in Crime No.136 of 2015 on the file of the respondent police. 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 Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (in-charge), Thoothukudi and his petition for bail may be ordered to be considered on the same day.

4. Heard the learned Government Advocate (Crl.side). https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions of the learned counsel for the petitioner and considering the facts and circumstances by issuing a

direction to the Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (in-charge), Thoothukudi to dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, and the following direction is issued to the lower Court:- "In the event of the petitioner surrendering before the Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (incharge), Thoothukudi and his filing of petition seeking bail, the Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (incharge), Thoothukudi 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/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Athoor Police Station, Tuticorin District.

2. The Juvenile Justice Board, Thoothukudi cum Judicial Magistrate No.I (in-charge), Thoothukudi.

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

+1cc to Mr.S.R.Anbarasu, Advocate Sr.No.33402 akv akm/3.7.15 /2p-5c/ Crl.O.P(MD).No.11486 of 2015 24.06.2015 https://hcservices.ecourts.gov.in/hcservices/