Madras High CourtCRL OP(MD)/6824/2015disposed of

Samiyathal v. Inspector Of Police

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.6824 of 2015 Samiyathal ... Petitioner Vs The State rep.by Inspector of Police, Chinna Dharapuram Police Station, Chinna Dharapuram, Karu District, Crime No.59 of 2015 ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the Principal District Judge, Karur(PCR) to consider the petition for bail in Crime No.59 of 2015(on the file of the Inspector of Police, Chinna Dharapuram Police Station, Chinna Dharapuram), on the date of surrender.

For Petitioner : Mr.K.P.S.Palanivel Rajan For Respondent : Mrs.S.Prabha, Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the Principal District Judge, Karur(PCR), to consider the bail application of the petitioner/accused in crime No.59 of 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 294(b), 323, 354 of I.P.C r/w Section 3(1)(r) & (s), 3(2)(VA) 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.

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

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 her 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 Principal District Judge, Karur(PCR).

2.The Inspector of Police, Chinna Dharapuram Police Station, Chinna Dharapuram, Karur District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.P.S.Palanivel, Advocate, in SR. No.19871. Crl.O.P(MD).No.6824 of 2015 17.04.2015 pm msm 23.04.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/