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Madras High CourtCRL OP(MD)/14737/2015disposed of

Lourdhusamy v. The State Rep By Deputy

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.14737 of 2015 1.Lourdhusamy 2.Mohan @ Mohan Raj 3.Adaikala Arun 4.Susi 5.Jeeva 6.George 7.Dominic 8.Vijayaragavan 9.Saran Raj 10.Sathiya Raj 11.Alex ... Petitioners -VsThe State rep. By Deputy Superintendent of Police, Lalgudi Circle, Siruganur Police Station, Trichy.

(Crime No.274 of 2015) ... Respondent PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy to dispose of the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court in pending investigation of Crime No.274 of 2015 on the file of the Deputy Superintendent of Police, Lalgudi Circle, Siruganur Police Station, Trichy District.

For Petitioners : Mr.T.Senthil Kumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

The petitioners approach this Court with a prayer to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy to dispose of the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court in pending investigation of Crime No.274 of 2015 on the file of the Deputy Superintendent of Police, Lalgudi Circle, Siruganur Police Station, Trichy District.

2. The petitioners are alleged to have committed an offences under Sections 147, 148, 294(b), 323, 354 of the Indian Penal Code read with Section 3(1)(r) & (s) of SC/ST, POA, Amendment Ordinance Act, 2014. It is stated by the petitioners that they are innocent. https://hcservices.ecourts.gov.in/hcservices/

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.

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 I Additional District and Sessions Judge (PCR Court), Trichy and their filing of petition seeking bail, the learned I Additional District and Sessions Judge (PCR Court), Trichy 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(Writs) /True copy/ Sub Assistant Registrar/ ps To 1.The I Additional District and Sessions Judge (PCR Court), Trichy.

2.The Deputy Superintendent of Police, Lalgudi Circle, Siruganur Police Station, Trichy. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +one cc to Mr. T.Senthil Kumar, Advocate, SR.No.42654 Crl.O.P(MD)No.14737 of 2015 31.07.2015 CSL/06.08.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/