Madras High CourtCRL OP(MD)/13752/2015disposed of

Soundara Pandian v. The Inspector Of Police

2015-07-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.13752 of 2015 Soundara Pandian .. Petitioner/A2 Vs.

The State rep. by The Inspector of Police, Thiruppacheththi Police Station, Sivagangai District (Crime No.102 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal District and Sessions Judge (Special Court for SC/ST (P & A) Act Cases, Sivaganga, to consider the bail application filed by the petitioner herein and pass orders on the same day in the event of the petitioner are surrender before the said court in connection with the case in Crime No. 102 of 2015 on the file of the respondent.

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned Principal District and Sessions Judge (Special Court for SC/ST (P & A) Act Cases, Sivaganga to accept the surrender of the petitioner and consider the bail application on the same day on merits in relating in Crime No.102/2015 pending investigation on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Section 294(B), 506(II) IPC and 3(1)(r)(S) of SC/ST (P&A) Amendment Ordinance 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.

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

5. Considering the submission of the petitioner and https://hcservices.ecourts.gov.in/hcservices/

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 ses To 1.The Principal District and Sessions Judge (Special Court for SC/ST (P & A) Act Cases, Sivaganga 2.The Inspector of Police, Thiruppacheththi Police Station, Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR. N. SATHISH BABU, ADV SR: 40615 DM 27 JULY 2015 - 2P 5C Crl.O.P(MD).No.13752 of 2015 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/