Madras High CourtCRL OP(MD)/14256/2015ordered

Seetu Sakkanan v. State Rep By

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.14256 of 2015 Seetu Sakkanan ... Petitioner/A5 Vs State rep. By Inspector of Police, Kadamalaikundu Town Police Station, Theni District.

(Crime No.170 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the District and Sessions Court(PCR), Theni to consider the bail application of the petitioner/accused in Cr.No.170/2015 on the file of the respondent police on the same day to surrender on merits. For Petitioner : Mr.M.Jeyaprakash For Respondent : Mrs.S.Prabha Government Advocate (Crl. Side)

ORDER

The petitioner approaches this Court to direct the District and Sessions Court(PCR), Theni to consider the bail application of the petitioner/accused in Cr.No.170/2015 on the file of the respondent police on the same day of surrender on merits.

2. The petitioner is alleged to have committed an offence under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and 3(1) (r)(s)(w)(1) 3(2)(v)(a) of SC/ST Act. It is stated by the petitioner that he is innocent.

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the lower Court to cooperate with the prosecution and his 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 petitioner 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 petitioner 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 District and Sessions Court(PCR), Theni.

2.The Inspector of Police, Kadamalaikundu Town Police Station, Theni District.

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

1CC TO MR.C.M. GANESAN, ADV SR: 41783 RG 29 7 15 - 2P 5C Crl.O.P(MD).No.14256 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/