Madras High CourtCRL OP(MD)/9238/2015disposed of

Ajith@Ajithkumar v. The Inspector Of Police

2015-06-01Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.9238 of 2015 Ajith @ Ajith Kumar .. Petitioner Vs.

State rep. by The Inspector of Police, Appan Thiruppathy Police Station, Madurai District(Crime No.255 of 2015) ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned III Additional District & Sessions Judge (Protection of Civil Rights), Madurai to accept the surrender and to consider the bail application to be filed by the petitioner on the same day in Crime No.255 of 2015 on the file of the respondent police.

For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned III Additional District & Sessions Judge(Protection of Civil Rights), Madurai to accept the surrender of the petitioner and consider the bail application on the same day on merits relating to Crime No.255/2015 pending investigation on the file of the respondent.

2. The petitioner is alleged to have committed an offence under Section 436 IPC and 3(2)(iv) of SC/ST Act 1989. 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 https://hcservices.ecourts.gov.in/hcservices/

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 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(RTI) /True copy/ Sub Assistant Registrar ses To 1.The Inspector of Police, Appan Thiruppathy Police Station,Madurai District. 2.The III Additional District & Sessions Judge (Protection of Civil Rights), Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.A.Ebenezer, Advocate in Sr NO.26576 Crl.O.P(MD).No.9238 of 2015 01.06.2015 rg.02.06.2015 2p/5c I.T.

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