Madras High CourtCRL OP(MD)/8743/2015allowed

Krishnamoorthy v. The Sub Inspector Of Police

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.8743 Of 2015 1.Krishnamoorthy 2.Dhanalakshmi 3.Prabhu ... Petitioners/Accused No.1 to 3 Vs State rep. by 1.The Sub-Inspector of Police, Siruganur Police Station, (In Crime No.103 of 2015), Trichy District.

2.The Deputy Superintendent of Police, Lalgudi, Trichy District. ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Sessions Judge, PCR Court at Trichy District under the SC/ST Prevention of Atrocities Act, 1989, to accept the surrender of the petitioners and consider the bail application on merits on the same day in connection with Cr.No.103 of 2015 on the file of the first respondent.

For Petitioners : Mr.S.Muthalraj For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned Sessions Judge, PCR Court at Trichy District under the SC/ST Prevention of Atrocities Act, 1989, to accept the surrender of the petitioners and consider the bail application on merits on the same day in connection with Cr.No.103 of 2015 on the file of the first respondent.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 323, 307 of IPC r/w. Sec. 3(1) (r), (3) of SC/ST(POA) Amendment Ordinance, 2014. 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 cooperate 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.

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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(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Sessions Judge, PCR Court at Trichy, Trichy District.

2.The Deputy Superintendent of Police, Lalgudi, Trichy District.

3.The Sub-Inspector of Police, Siruganur Police Station, Trichy District.

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

+1cc to Mr.Na.Palaniyandi,Advocate, SR.No.24041 Crl.O.P(MD).No.8743 of 2015 30.04.2015 pm PA/11.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/