Madras High CourtCRL OP(MD)/9152/2015disposed of

Suresh v. The Inspector Of Police

2015-06-11Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD) No.9152 of 2015

1. Suresh

2. Chandrasekar ... Petitioners/Accused 1 and 3 Vs.

State represented by The Inspector of Police, All Woman Police Station, Manamadurai, Sivagangai District.

(Crime No.17 of 2015) ... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Sessions Judge, Special Court for trial of SC&ST (POA Act), Sivagangai District, to accept the surrender of the petitioners in connection with the Crime No.17 of 2015, pending investigation on the file of the respondent police and to consider and pass orders in the bail application on the same day.

For Petitioners : Mr.V.Kannan For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

The petitioners approach this Court with a prayer to direct the learned Sessions Judge, Special Court for trial of SC&ST (POA Act), Sivagangai District, to accept the surrender of the petitioners in connection with the Crime No.17 of 2015, pending investigation on the file of the respondent police and to consider and pass orders in the bail application on the same day.

2. The petitioners are alleged to have committed an offences under Sections 7 and 8 of Protection of Children from Sexual Act 2012 and 3(1)(XI) (XII) of SC/ST Act. It is stated by the petitioner 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 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 facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioners 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, https://hcservices.ecourts.gov.in/hcservices/

the following direction is issued to the lower Court:- "In the event of the petitioners surrendering before the learned learned Sessions Judge, Special Court for trial of SC&ST (POA Act), Sivagangai District and their filing of petition seeking bail, the learned learned Sessions Judge, Special Court for trial of SC&ST (POA Act), Sivagangai District shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law." Accordingly, the Criminal Original Petition stands disposed of. Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar To 1.The Sessions Judge,Special Court for trial of SC&ST (POA Act), Sivagangai District.

2. The Inspector of Police, All Woman Police Station, Manamadurai, Sivagangai District.

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

+1cc to Mr.V.Kannan,Advocate SR.No.30449 Crl.O.P(MD)No.9152 of 2015 11.06.2015 ssl PA/PPS/18.06.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/