Madras High CourtCRL OP(MD)/8076/2015disposed of

Ganesan v. The Deputy Superintendent Of

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.8076 of 2015 Ganesan ... Petitioner Vs 1.The Deputy Superintendent of Police, Sivagiri, Tirunelveli District.

2.The Inspector of Police, Sivagiri Police Station, Tirunelveli District, In Crime No.101 of 2015 ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional Sessions Judge cum PCR Court, Tirunelveli, to consider the bail application filed by the petitioner on the same day in Crime No.101 of 2015 on the file of the respondent. For Petitioner : Mr.M.Veilkaniraju For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned learned II Additional Sessions Judge cum PCR Court, Tirunelveli to accept the surrender of the petitioner and consider the bail application on the same day on merits in relating in Crime No.101/2015 dated 13.04.2015 pending investigation on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Sections294(b) and 323 of IPC r/w 3(1)(x) 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.

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 his filing of petition seeking bail, the lower Court shall https://hcservices.ecourts.gov.in/hcservices/

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 To 1.The II Additional Sessions Judge cum PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Sivagiri, Tirunelveli District.

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

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

+1cc to Mr.M.Veilkani Raju,Advocate, SR.No.22459 Crl.O.P(MD).No.8076 of 2015 27.04.2015 pm PA/29.04.2015/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/