Madras High CourtCRL OP(MD)/14025/2015disposed of

Balakrishnan, v. The Inspector Of Police

2015-07-23Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.14025 of 2015 1.Balakrishnan 2.SadaiEswaran 3.Sivaramakrishnan @ Siraramkumar ... Petitioners Vs State represent through The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime NO.49 of 2012) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the Principal District and Sessions Court, Theni to consider the petitioners bail application on the same date of their surrender in respect of Spl.S.C.No.12 of 2013 on the file of the Principal District and Sessions Court, Theni on the very same day.

For Petitioners : Mr.P.R.Prithiviraja For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the Principal District and Sessions Court, Theni to consider the petitioners bail application on the same day of their surrender in respect of Spl.S.C.No.12 of 2013 on the file of the Principal District and Sessions Court, Theni on the very same day.

2. The petitioners are alleged to have committed an offence under Sections 147, 294(b), 355 and 323 of I.P.C., and 3(1)(X) 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 cooperate 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.

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

5.Considering the submission of the petitioners and considering the fact and circumstances by issuing a direction to the Principal District and Sessions Court, Theni 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 Principal District and Sessions Court, Theni and their filing of petition seeking bail, the Principal District and Sessions Court, Theni 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/- The Assistant Registrar /True copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Court,Theni.

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

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

+1cc to Mr.P.R.Prithiviraj, Advocate SR.NO.41369 Ns Sm:AMF:SARII:29.07.2015:2P/5C Crl.O.P(MD).No.14025 of 2015 23.07.2015 https://hcservices.ecourts.gov.in/hcservices/