Madras High CourtCRL OP(MD)/6502/2015disposed of

Thangam v. The Deputy Superintendent Of

2015-04-17Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.6502 Of 2015 1.Thangam 2.Veerapandi 3.Prabhu @ Chinna Panaiyan 4.Jeyaprahash 5.Raja 6.Lakshmanan 7.Parasuram 8.Mani 9.Kandhasamy 10.Rajapandi 11.Rajakumaran ... Petitioners Vs 1.The Deputy Superintendent of Police, Melur Sub-Division, Madurai District.

2.State rep. by Inspector of Police, B2 Keelavalavu Police Station, Madurai District.

(Crime No.148 of 2015) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the III Additional District Sessions Judge(PCR), Madurai to consider the bail application of the petitioners/accused in crime No.148 of 2015 on the file of the second respondent police on the same day of surrender on merits.

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

ORDER

The petitioners approach this Court to direct the learned III Additional District & Sessions Judge cum PCR Court, Madurai to consider the bail application on the same day in the event of the https://hcservices.ecourts.gov.in/hcservices/

petitioners surrender in connection with the Crime No.148 of 2015 pending on the file of the second respondent police.

2. The petitioners are alleged to have committed an offence under Sections 147, 148, 294(b), 323, 506(i), 307 I.P.C and 3(i) (r) 3(i)(s) Amendment Ordinance Act of 2014. 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 petitions 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 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 their 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(T&P) /True Copy/ Sub-Assistant Registrar To 1.The III Additional District Sessions Judge cum PCR Court, Madurai 2.The Deputy Superintendent of Police, Melur Sub-Division, Madurai District.

3.The Inspector of Police, B2 Keelavalavu Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to M/s.S.Pakruutheen, Advocate, SR.No.19529 pm RL/6c - 27/4/2015 Crl.O.P(MD).No.6502 of 2015 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/