Madras High CourtCRL OP(MD)/12809/2015disposed of

Karuppaiya v. The Inspector Of Police

2015-07-09Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.12809 of 2015 1.Karuppaiya 2.Kurumban ... Petitioners Vs The State rep by The Inspector of Police, Astinpatti Police Station, Madurai District.

(Crime No.167 of 2015) ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.167 of 2015 on the file of the respondent police.

For Petitioners : Mr.S.Sivaprakash For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.167 of 2015 on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 294(b) and 323 of IPC r/w. Sec. 3(1) (X) of SC/ST Amendment Ordinance Act 2013. It is stated by the petitioners that they are innocent.

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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 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.

5. Considering the submission of the petitioners and considering the fact and circumstances by issuing a direction to the III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai 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 III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai and their filing of petition seeking bail, the III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) 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 ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR Ns To 1.The III Additional District and Sessions Judge cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) 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. S.SIVAPRAKASH, ADV SR: 37859 DM 13 JULY 2015 - 2P 5C Crl.O.P(MD).No.12809 of 2015 09.07.2015 https://hcservices.ecourts.gov.in/hcservices/