Madras High CourtCRL OP(MD)/14129/2015disposed of

Mayan v. The Sub Inspector Of Police

2015-07-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.14129 of 2015

1. Mayan

2. Pappa

3. Suresh ..Petitioners/Accused Nos.1 to 3 Vs.

State through, The Sub Inspector of Police, Checkkanurani Police Station, Madurai District.

(Cr.No.304/2015) .. Respondent / Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C, praying this Court, to direct the III Additional Sessions Court cum PCR Court, Madurai to consider the bail application of the petitioners / Accused Nos.1 to 3 in Crime No.304 of 2015 on the file of the respondent police at the moment of surrender on the same day and thus render justice.

For Petitioners : Mr.L.Praveen Kumar For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the III Additional Sessions Court cum PCR Court, Madurai to consider the bail application of the petitioners / Accused Nos.1 to 3 in Crime No.304 of 2015 on the file of the respondent police at the moment of surrender on the same day and thus render justice.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 427, 506(i) of I.P.C r/w. Sec.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 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.

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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/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The III Additional Sessions Court cum PCR Court, Madurai

2. The Sub Inspector of Police, Checkkanurani Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.L.Praveen Kumar, Advocate Sr.No.42145 akm/29.07.15 /2p-5c/ Crl.O.P(MD).No.14129 of 2015 24.07.2015 https://hcservices.ecourts.gov.in/hcservices/