Madras High CourtCRL OP(MD)/13577/2015disposed of

Gengaraj v. The Inspector Of Police

2015-07-20Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.13577 of 2015 Gengaraj ... Petitioner/Accused No.3 Vs State, represented by The Inspector of Police, Maraneri Police Station, Virudhunagar District, (Crime No.105 of 2015) presently investigated by Deputy Superintendent of Police, Sivakasi ... Respondents/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal Sessions Judge(Special Judge for P.C.R Cases), Virudhunagar District at Srivilliputhur, to consider and dispose of the bail application of the petitioner in Crime No.105 of 2015 on the file of the respondent herein on the same day of his surrender before the said Court.

For Petitioner : Mr.A.Thiruvadikumar For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned Principal Sessions Judge(Special Judge for P.C.R Cases), Virudhunagar District at Srivilliputhur, to consider and dispose of the bail application of the petitioner in Crime No.105 of 2015 on the file of the respondent herein on the same day of his surrender before the said Court.

2. The petitioner is alleged to have committed an offence under Sections 147, 323 of I.P.C r/w Section 3(1)(r)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities)Amendment Ordinance Act, 2014. It is stated by the petitioner that he is innocent.

3. The learned counsel for the petitioner would submit that the https://hcservices.ecourts.gov.in/hcservices/ 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."

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

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge (Special Judge for P.C.R Cases), Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Sivakasi.

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

+1cc to Mr.A.Thiruvadikumar,Advocate SR.No.39578 Crl.O.P(MD).No13577 of 2015 20.07.2015 pm PA/PRV/22.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/