Madras High CourtCRL OP(MD)/14715/2015disposed of

Veerappudaiyar, (60/15) v. The S.I Of Police,

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.14715 of 2015 1.Veerappudaiyar 2.Raja 3.Rajesh ... Petitioners/Accused Nos.1 to 3 -VsState rep. By The Sub-Inspector of Police, Aathankkottai Police Station, In Crime No.63 of 2015, Pudukkottai, Pudukkottai District.

... Respondent/Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the learned Principal District and Sessions Judge, P.C.R Court, Pudukkottai under the SC/ST Act to consider the bail application on the surrender of the petitioners in connection with Crime No.63 of 2015 pending investigation on the file of the respondents on merits on the same day.

For Petitioners : Mr.G.Mathavan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

The petitioners approach this Court with a prayer to direct the learned Principal District and Sessions Judge, P.C.R Court, Pudukkottai under the SC/ST Act to consider the bail application on the surrender of the petitioners in connection with Crime No.63 of 2015 pending investigation on the file of the respondents on merits on the same day.

2. The petitioners are alleged to have committed an offences under Sections 294(b) and 323 of the Indian Penal Code and also under Section 3(i)(r)(s) and 3(2)(va) 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 petition for bail may be ordered to be considered on the same day.

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4. The learned Government Advocate (Crl. Side) would oppose the said request.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioners 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 learned Principal District and Sessions Judge, P.C.R Court, Pudukkottai and their filing of petition seeking bail, the learned Principal District and Sessions Judge, P.C.R Court, Pudukkottai 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(Record) /True copy/ Sub Assistant Registrar ps To 1.The Principal District and Sessions Judge, P.C.R Court, Pudukkottai.

2.The Sub-Inspector of Police, Aathankkottai Police Station, Pudukkottai, Pudukkottai District.

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

+1cc to Mr.G.Mathavan, Advocate SR No.43726 Crl.O.P(MD)No.14715 of 2015 31.07.2015 rg.03.08.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/