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Madras High CourtCRL OP(MD)/10257/2016disposed of

Pathrose v. The Inspector Of Police

2016-06-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.10257 of 2016 Pathrose

...Petitioner/Petitioner

-vsState represented by The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No.259 of 2016)

...Respondent/Respondent

Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned District and Sessions Judge, Kanyakumari District at Nagercoil to dispose of the petitioner son's bail application in Cr.M.P.No.1953 of 2016 within the time stipulated by this Honourable Court.

For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed for a direction to the learned District and Sessions Judge, Kanyakumari District at Nagercoil to dispose of the petitioner son's bail application in Cr.M.P.No.1953 of 2016 within the time stipulated by this Honourable Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The remarks received from the District and Sessions Judge would go to show that on all the hearings, there had been no representation on behalf of the petitioner's son (4th accused) in respect of the case in Crime No.259 of 2016 to argue the bail application and hence, the bail application had been rightly dismissed by the Sessions Judge on 27.06.2016.

4. However, it is represented by the learned counsel for the petitioner in this case that the accused has directly and separately filed an application to the District and Sessions Judge, Kanyakumari District at Nagercoil for bail.

5. Under such circumstances, learned District and Sessions Judge, Kanyakumari at Nagercoil is directed to consider the bail application sent directly by the accused, namely, Subin, pending https://hcservices.ecourts.gov.in/hcservices/

if any, which might have been forwarded by the prison authorities and to pass appropriate orders thereon on merits and in accordance with law.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To:

1. The District and Sessions Judge, Kanyakumari District at Nagercoil.

2.

The Inspector of Police, Karungal Police Station, Kanyakumari District.

3.

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

+1cc to Mr.M.r.Sreenivasan, Advocate in SR.34154 Crl.O.P.(MD).No.10257 of 2016 29.06.2016 ar.

PBK/AAL-MPA/SAR-I 30.06.2016 ::2p-5c:

https://hcservices.ecourts.gov.in/hcservices/