Madras High CourtCRL OP(MD)/14209/2015disposed of

Parthiban v. The Inspector Of Police

2015-07-28Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.14209 of 2015

1. Parthiban

2. Sankar @ Lakshmi Sankar ... Petitioners Vs.

State represented by its the Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

Crime No.163 of 2015.

... Respondent PRAYER:

This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned II Additional District and Sessions Judge (PCR), Tirunelveli to consider the bail application of the petitioners on the same day of their surrender in connection with Crime No.163 of 2015 on the file of the respondent. For Petitioners : Mr.V.Angusamy For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court for a direction to the learned II Additional District and Sessions Judge (PCR), Tirunelveli to consider the bail application of the petitioners on the same day of their surrender in connection with Crime No.163 of 2015 on the file of the respondent.

2. The petitioners are alleged to have committed the offences under Sections 147, 294(b), 323, 324, 379 (NP) and 506(ii) I.P.C., r/w. Section 3(1)(x) of SC/ST (POA) Act, 1989. 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 learned II Additional District and Sessions Judge (PCR), Tirunelveli to cooperate with the prosecution and their petition for bail may be ordered to be considered on the same day.

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4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital.

5. Considering the submissions of the learned counsel for the petitioners and considering the facts and circumstances by issuing a direction to the learned II Additional District and Sessions Judge (PCR), Tirunelveli 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 learned II Additional District and Sessions Judge (PCR), Tirunelveli and their filing of petition seeking bail, the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge (PCR), Tirunelveli.

2. The Inspector of Police, Ambasamuthiram Police Station, Tirunelveli District.

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

+ 1 CC TO MR.V.ANGUSAMY, ADVOCATE SR NO.41902 akv te: 07/08/2015: 2p/5c Crl.O.P(MD).No.14209 of 2015 28.07.2015 https://hcservices.ecourts.gov.in/hcservices/