Madras High CourtCRL OP(MD)/12732/2015disposed of

Santhosh v. The Deputy Superintendent

2015-07-08Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.12732 of 2015 1.Santhosh 2.Suresh ... Petitioners/Accused Nos.1 & 2 -Vs1.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.State, Rep. By the Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.246/2015) ... Respondents/Complainants PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the learned I-Additional District and Sessions Judge (P.C.R Court), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.246 of 2015 dated 30.06.2015 on the file of the respondent Police.

For Petitioners : Mr.S.Deenadhayalan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

The petitioners approach this Court with a prayer to direct the learned I-Additional District and Sessions Judge (P.C.R Court), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.246 of 2015 dated 30.06.2015 on the file of the respondent Police.

2. The petitioners are alleged to have committed an offences under Sections 294(b), 324, 342, 506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act read with Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014. 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 co-operate with the prosecution and their petition for bail may be ordered to be considered on the same day.

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4. The learned Government Advocate (Crl. Side) would oppose the said request.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioners 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 IAdditional District and Sessions Judge (P.C.R Court), Thanjavur and their filing of petition seeking bail, the learned I-Additional District and Sessions Judge (P.C.R Court), Thanjavur 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 /True Copy/ Sub Assistant Registrar To 1.The I-Additional District and Sessions Judge (P.C.R Court), Thanjavur.

2.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

3.The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

+1cc to M/S. S.Deenadhayalan,Advocate in SR.No 37339 TS/09.07.2015/2P -6C Crl.O.P(MD)No.12732 of 2015 08.07.2015 https://hcservices.ecourts.gov.in/hcservices/