Madhan Kumar v. The Assistant Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2015

CORAM:

THE HONOURABLE MR.JUSTICE V.M.VELUMANI Criminal Original Petition (MD) No.9237 of 2015 Madhan Kumar ... Petitioner/Sole Accused Vs

1. The Assistant Commissioner of Police, Srirangam Zone, Trichy

2. State rep. By The Inspector of Police, Government Hospital Police Station, Puthur, Trichy-17 (Crime No.153 of 2015) ... Respondents/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned I Additional Sessions Judge (Special Judge for PCR cases) Trichy to consider and dispose of the bail application of the petitioner in Crime No. 153 of 2015 on the file of the 2nd respondent on the same day of his surrender.

For Petitioner : Mr.G. Kasinathadurai For Respondent : Mr.A.P. Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned I Additional Sessions Judge (Special Judge for PCR cases), Trichy, to consider and dispose of the bail application of the petitioner in Crime No. 153 of 2015, on the file of the 2nd respondent, on the same day of his surrender.

2. The petitioner is alleged to have committed an offence under Sections 294(b), 323 of IPC and Section 3(1)(r)(s) and 3 (2) (va) of Schedule Case and Scheduled Tribes (Prevention of Atrocities) 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 learned I Additional Sessions Judge (Special Judge for PCR cases) Trichy to co-operate with the prosecution and his petition for bail may be ordered to be considered on the same day.

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4. The learned Government Advocate (Crl. Side) would oppose the said request.

5. Considering the submission of the petitioner and considering the facts and circumstances by issuing a direction to the learned I Additional Sessions Judge (Special Judge for PCR cases), Trichy 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 learned I Additional Sessions Judge (Special Judge for PCR cases), Trichy:- "In the event of the petitioner surrendering before the learned I Additional Sessions Judge (Special Judge for PCR cases), Trichy and his filing of petition seeking bail, the concerned Judge, 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/- Vacation Officer/ Assistant Registrar /True copy/ Sub Assistant Registrar trp To 1.The Additional Sessions Judge (Special Judge for PCR cases) Trichy

2. The Assistant Commissioner of Police, Srirangam Zone, Trichy

3. The Inspector of Police, Government Hospital Police Station, Puthur, Trichy-17 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr. G.KASINATHADURAI,ADVOCATE IN SR NO.26325 Crl.O.P(MD).No.9237 of 2015 27.05.2015 RG.29.05.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/