Madras High CourtCRL OP(MD)/13219/2015disposed of

Jahir 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.13219 of 2015 Jahir .. Petitioner/Accused Rank Not Known Vs State rep. By The Inspector of Police, Karambakudi Police Station, Pudukkottai District. (Crime No.209 of 2010) ... Respondent/Complainant PRAYER: This Criminal Original Petition is preferred under Section 482 Cr.P.C to direct the Special Court/Principal Sessions Judge, Pudukkottai to consider the bail application of the petitioner on the same day of his surrender in Crime No.209 of 2010 on the file of the respondent police connectively nonbailable warrant issued against the petitioner in P.R.C.No.40 of 2010 on the file of the Judicial Magistrate, Alangudy. For Petitioner : Mr.E.Balalsubramanian For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the Special Court/Principal Sessions Judge, Pudukkottai to consider the bail application of the petitioner on the same day of his surrender in Crime No.209 of 2010 on the file of the respondent police connectively non-bailable warrant issued against the petitioner in P.R.C.No.40 of 2010 on the file of the Judicial Magistrate, Alangudy.

2. The petitioner is alleged to have committed an offence under Sections 147, 323 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989. 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 https://hcservices.ecourts.gov.in/hcservices/

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."

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

SD ASST REGISTRAR ( CO ) TRUE COPY SUB ASST REGISTRAR pm To 1.The Special Court/Principal Sessions Judge, Pudukkottai.

2.The Judicial Magistrate, Alangudy.

3.The Inspector of Police, Karambakudi Police Station, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR. E. BALASUBRAMANIAN, ADV SR: 38385 RG 20 7 15 - 2P 6C Crl.O.P(MD).No.13219 of 2015 14.07.2015 https://hcservices.ecourts.gov.in/hcservices/