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Madras High CourtCRL OP(MD)/14034/2015disposed of

Muthu, v. The Deputy Superintendent Of

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.14034 of 2015 1.Muthu 2.Pasumpon ... Petitioners/Accused Nos.1 & 2 Vs The State rep by 1.The Deputy Superintendent of Police, Puliyangudi Circle, Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli.

... Respondents/Complaint PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the District and Sessions Judge (PCR cases) Tirunelveli District to consider the bail application of the petitioners on the same day of their surrender in Crime No.359 of 2015 on the file of the respondent police. For Petitioners : Mr.S.Sathyachidambaram For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the District and Sessions Judge (PCR cases) Tirunelveli District to consider the bail application of the petitioners on the same day of their surrender in Crime No.359 of 2015 on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 323 and 506(i) of I.P.C., r/w 3(i)(x) of SC/ST (POA) Act, Amendment Ordinance Act 2014. 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 District and Sessions Judge (PCR cases) Tirunelveli District 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 District and Sessions Judge (PCR cases) Tirunelveli District and their filing of petition seeking bail, the District and Sessions Judge (PCR cases) Tirunelveli District 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. Ns sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To 1.The District and Sessions Judge (PCR cases) Tirunelveli District.

2.The Deputy Superintendent of Police, Puliyangudi Circle, Tirunelveli District.

3.The Inspector of Police, Kadayanallur Police Station, Tirunelveli.

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

+1 cc to Mr.S.Sathiyachidambaram, Advocate Sr.No.40522. Crl.O.P(MD).No.14034 of 2015 Dated:23.07.2015 2P/6C RPB/KBM/SAR-I 29.07.2015 https://hcservices.ecourts.gov.in/hcservices/