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Madras High CourtCRL OP(MD)/14216/2015ordered

Palpandi Alias Pathuroopai v. The Deputy Superintendent Of

2015-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Criminal Original Petition (MD) No.14216 of 2015 1.Palpandi @ Pathuroopai 2.Kasipandi ... Petitioners/Accused Nos.1 and 2 Vs 1.The Deputy Superintendent of Police, Peraiyur, Madurai District.

2.State, Rep. By the Inspector of Police, Sedapatti Police Station, Madurai District.

(Cr.No.100 of 2015) ... Respondents/Complainant PRAYER: This petition is preferred under Section 482 of Cr.P.C to direct the learned III Additional District Sessions Judge(PCR Court), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.100 of 2015, dated 15.07.2015 on the file of the respondent police.

For Petitioners : Mr.S.Mahendrapathy For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

ORDER

The petitioners approach this Court to direct the learned III Additional District Sessions Judge(PCR Court), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.100 of 2015, dated 15.07.2015 on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 147, 148, 341, 294(b), 323, 355, 506(ii) of IPC and 3(1)(x) of SC/ST Act. It is stated by the petitioner 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 petition 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 his 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 ( AS ) TRUE COPY SUB ASST REGISTRAR pm To 1.The III Additional District Sessions Judge(PCR Court), Madurai.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Sedapatti Police Station, Madurai District.

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

1CC TO M.R S. MAHENDRAPATHY, ADV SR: 41829 DM 29 JULY 2015 - 2P 6C Crl.O.P(MD).No.14216 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/