Madras High CourtCRL OP(MD)/13037/2015disposed of

Subash Alias Sattai v. The Inspector Of Police

2015-07-14Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.13037 of 2015 Subash Alias Sattai ... Petitioner/7th Accused Vs The State, By the Inspector of Police, Alangulam Police Station, Tirunelveli District.

(Crime No.299 of 2015) ... Respondent/Complainant PRAYER: This Criminal Original petition is preferred under Section 482 Cr.P.C to direct the learned II Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider his bail application on the same day of his surrender in respect of Crime No.299 of 2015 on the file of the respondent, pending investigation.

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned II Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider his bail application on the same day of his surrender in respect of Crime No.299 of 2015 on the file of the respondent, pending investigation.

2. The petitioner is alleged to have committed an offence under Sections 147, 148, 294(b), 324, 506(ii) of IPC and Section 3(i)(x) of, SC/ST 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.

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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."

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

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pm To 1.The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

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

+1cc to MR.M.P.SENTHIL, ADVOCATE IN SR NO.38329 Crl.O.P(MD).No.13037 of 2015 14.07.2015 RG.20.07.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/