Madras High CourtCRL OP(MD)/8005/2015disposed of

Gowri Sankar, v. The Sub Inspector Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.8005 of 2015 Gowri Sankar ... Petitioner Vs The Sub-Inspector of Police, Thottiyam Police Station, Trichy District.

(Cr.No.369 of 2014).

... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal District and Sessions Judge (PCR Act) Trichy to be considered the bail application filed by the petitioner on the same day of his surrender in Cr.No.369 of 2014 on the file of the respondent police.

For Petitioner : Mr.V.Nagenthran For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned learned Principal District and Sessions Judge (PCR Act) Trichy to accept the surrender of the petitioner and consider the bail application on the same day on merits in relating in Crime No.369/2014 dated 31.12.2014 pending investigation on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Sections 147, 294(b), 336, 323 IPC r/w 3(1)(r)(s), 3(2)(Va) of SC/ST (POA) Act Amendment Ordinance Act, 2014. 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.

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

"In the event of the petitioner surrendering before the lower Court and his 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(CO) /True copy/ Sub Assistant Registrar pm To 1.The Principal District and Sessions Judge (PCR Act) Trichy 2.The The Sub-Inspector of Police, Thottiyam Police Station, Trichy District.

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

+1cc to MR.V.NAGENTHARAN,ADVOCATE IN SR NO.22394 Crl.O.P(MD).No.8005 of 2015 27.04.2015 RG.29.04.2015 2P/5C I.T https://hcservices.ecourts.gov.in/hcservices/