Madras High CourtCRL OP(MD)/8520/2015allowed

Ganeshkumar @ Mari Ganesh v. The Deputy Superintendent Of

2015-04-30Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.8520 Of 2015 1.Ganeshkumar @ Mari Ganesh 2.Subramanian 3.Palanivel 4.Sankaravel ... Petitioners/Accused Nos.2,3,4&6 Vs 1.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

2.The State rep. by The Special Sub-Inspector of Police, Kuruvikulam Police Station, Tirunelveli District, In Crime No.68 of 2014 ... Respondents/Complainants PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the II Additional District and Sessions Judge/Special Court,(PCR), Tirunelveli, to accept the surrender and consider the bail petition filed by the petitioner on the same date in accordance with law in Crime No.68 of 2014 on the file of the second respondent.

For Petitioners : Mr.J.C.Rathinavelpandian For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the II Additional District and Sessions Judge/Special Court,(PCR), Tirunelveli, to accept the surrender and consider the bail petition filed by the petitioner on the same date in accordance with law in Crime No.68 of 2014 on the file of the second respondent.

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2. The petitioners are alleged to have committed an offence under Sections 147, 294(b), 506(i) of IPC r/w. Sec. 3(1) (X) of SC/ST(POA) Act, 1989. It is stated by the petitioners that they are innocent.

3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to co-operate with the prosecution and their petitions 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 petitioners 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 petitioners surrendering before the lower Court and their 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(AE) /.True Copy/ Sub-Assistant Registrar To 1.The II Additional District and Sessions Judge/ Special Court,(PCR), Tirunelveli.

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

3.The Special Sub-Inspector of Police, Kuruvikulam Police Station, Tirunelveli District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. pm RL/5 c- 11/5/2015 Crl.O.P(MD).No.8520 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 30.04.2015