Madras High CourtCRL OP(MD)/13828/2015disposed of

Pushbam 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.13828 of 2015 1.Pushbam 2.Bhavani 3.Murugan 4.Arun @ Arunkumar 5.Rajesh Kannan ... Petitioners/A1 to A5 Vs State rep. by Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.413 of 2015) ..Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the Principal District and Sessions Judge, Theni, Theni District to consider the petitioners bail application on the date of surrender on the same day itself in Crime No.413 of 2015 on the file of the Inspector of Police, Andipatti Police Station, Theni District for offence under Sections 294(b), 341, 323, 324, 506(ii) IPC r/w 3(1)(r)(s) 3(2)(v) of SC/ST (POA) Act. For Petitioners : Mr.J.Senthilkumar For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

ORDER

The petitioners approach this Court seeking a direction to the Principal District and Sessions Judge, Theni, Theni District, to consider the bail application on the same day in the event of the petitioners surrender before the Principal District and Sessions Judge, Theni, Theni District, in connection with Crime No. 413 of 2015 pending on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 341, 323, 324, 506(ii) IPC r/w 3(1)(r)(s) 3(2)(v) of SC/ST (POA) Act. It is stated by the petitioners that they are innocent.

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

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.

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 Principal District and Sessions Judge, Theni, Theni District.

2.The Inspector of Police,Andipatti Police Station,Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. J. SENTHIL KUMAR, ADV SR: 40077 DM 27 JULY 2015 - 2P 5C Crl.O.P(MD).No.13828 of 2015 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/