Dr.Mathivanan, M/62 v. The District Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Criminal Original Petition (MD) No.14334 of 2015 Dr.Mathivanan ... Petitioner/Sole Accused Vs 1.The District Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned District and Sessions Judge(PCR), Sivagangai to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.260 of 2015 pending investigation on the file of the respondent. For Petitioner : Mr.K.Baskaran For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

ORDER

The petitioner approaches this Court to direct the learned District and Sessions Judge(PCR), Sivagangai to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.260 of 2015 pending investigation on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Sections 294(b), 506(i) of IPC and 3(1)(x) 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 co-operate 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/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pm To 1.The District and Sessions Judge(PCR), Sivagangai.

2.The District Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1cc to Mr.K.BASKARAN,ADVOCATE SR NO.41781 Crl.O.P(MD).No.14334 of 2015 27.07.2015 RG.04.08.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/