Madras High CourtCRL OP(MD)/11605/2015disposed of

Manoharan v. The Inspector Of Police

2015-06-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL OP (MD) No.11605 of 2015 Manoharan ... Petitioner/SOLE ACCUSED Vs State of Tamil Nadu, Through Inspector of Police, Astinpatti Police Station, Madurai District (Crime No.204/2015) ... Respondent/COMPLAINANT PRAYER: This petition is preferred under Section 482 Cr.P.C praying to permit the petitioner to surrender before the learned 3rd Additional Session Judge, (PCR Court) Madurai in connection with Crime No.204/2015 on the file of the Inspector of Police, Astinpatti Police Station, Madurai District and considered the bail application on the date of his surrender i.e., on the same day itself and on merits.

For Petitioner : Mr.R.Selvaraj For Respondents : Mrs.S. Prabha Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court praying to permit the petitioner to surrender before the learned 3rd Additional Session Judge, (PCR Court) Madurai in connection with Crime No.204/2015 on the file of the Inspector of Police, Astinpatti Police Station, Madurai District and considered the bail application on the date of his surrender i.e., on the same day itself and on merits.

2. The petitioner is alleged to have committed an offence under Sections 294(b), 323, 506(i) of IPC and 3(i)(x) SC/ST Atrocities Act (Prevention) in Crime No.204/2015. It is stated by the petitioner that he is an 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 https://hcservices.ecourts.gov.in/hcservices/

the said request.

5. Considering the submission of the petitioner 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 petitioner surrendering before the lower Court and his filing of petition seeking bail, the lower Court 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 ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR To 1.The 3rd Additional Session Judge, (PCR Court) Madurai 2.The Inspector of Police, Astinpatti Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR. R.MANICKAM, ADV SR: 33998 DM 06 JULY 2015 CRL OP (MD) No.11605 of 2015 29.06.2015 2P:5C https://hcservices.ecourts.gov.in/hcservices/