Madras High CourtCRL OP(MD)/13760/2015disposed of

Surulivel Pandiyan 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.13760 of 2015 1.Surulivel Pandiyan 2.Sadaiyandi 3.Santhanam ... Petitioners/A1 to A3 Vs State rep. by Inspector of Police, Kadamalaikundu Police Station, Theni District.

(Crime No.170 of 2015) ..Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the District Court (PCR), Theni to consider the bail application of the petitioners/accused in Crime No.170 of 2015 on the file of the respondent police on the same day to surrender on merits.

For Petitioners : Mr.M.Jeyaprakash For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court seeking a direction to the District Court (PCR), Theni , to consider the bail application on the same day in the event of the petitioners surrender before the District Court (PCR), Theni, in connection with Crime No. 170 of 2015 pending on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC and 3(1)(r)(s)(w) (1) 3(2)(v)(a) of SC/ST Act. It is stated by the petitioners that they are innocent.

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. https://hcservices.ecourts.gov.in/hcservices/

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 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 petitioners surrendering before the lower Court and their 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 District Judge, (PCR), Theni.

2.The Inspector of Police,Kadamalaikundu Police Station,Theni District.

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

1cc to MR. C.M. GANESAN, ADV SR: 40089 DM 22 JULY 2015 - 2P 5C Crl.O.P(MD).No.13760 of 2015 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/