Madras High CourtCRL OP(MD)/12269/2015disposed of

Samsath Begum v. The Deputy Superintendent Of

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.12269 of 2015 Samsath Begum ... Petitioner/Accused No.8 Vs State rep. Through The Deputy Superintendent of Police, Omachikulam Sub-Division, Madurai District.

... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned III Additional District & Sessions Judge and Special Court for P.C.R cases, Madurai to consider the bail application of the petitioner on the same day of surrender in Crime No.242 of 2015 on the file of the respondent.

For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned III Additional District & Sessions Judge and Special Court for P.C.R cases, Madurai to consider the bail application of the petitioner on the same day of surrender in Crime No.242 of 2015 on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Sections 147, 148, 294(b), 323, 427, 307 of IPC, Section 4 of Tamil Nadu Prevention of Women Harassment Act r/w Section 3(1)(x) of Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act. 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 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 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."

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

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The III Additional District & Sessions Judge and Special Court for P.C.R cases, Madurai.

2.The Deputy Superintendent of Police, Omachikulam Sub-Division, Madurai District.

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

+1cc to Mr.S.M.A.Jinnah,Advocate SR.No.35837 Crl.O.P(MD).No.12269 of 2015 02.07.2015 pm PA/SJW/09.07.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/