Madras High CourtCRL OP(MD)/6971/2015disposed of

R.Balamurugan v. The Deputy Superintendent

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.6971 of 2015 R.Balamurugan ... Petitioner/ACCUSED NO.2 Vs 1.The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

2.State rep. by Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

(Crime No.102 of 2015) ... Respondents/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the Juvenile Justice Board, Thoothukudi to consider the bail application of the petitioner/Accused in Cr.No.102 of 2015 on the file of the Respondent police on the same day of surrender on merits.

For Petitioner : Mr.S.R.Durairaj For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the the Juvenile Justice Board, Thoothukudi to consider the bail application of the petitioner/Accused in Cr.No.102 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 147, 148, 302 and 3(ii)(x) of SC/ST Amendment Ordinance Act of 2014. It is stated by the petitioner that he is an innocent.

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3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the Juvenile

Justice Board to co-operate with the prosecution and his 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 submission of the petitioner and considering the fact and circumstances by issuing a direction to the Juvenile Justice Board, Thoothukudi 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 Juvenile Justice Board and his filing of petition seeking bail, the Juvenile Justice Board shall endeavour to 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 Juvenile Justice Board, Thoothukudi 2.The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

+1cc to Mr. S.R.Durai Raja, Advocate Sr.20521 Am AA/27.04.2015/2p- 6c/ Crl.O.P(MD).No.6971 of 2015 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/