Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Criminal Original Petition (MD) No.9478 of 2015 Ganesan ... Petitioner Vs State rep. by The Inspector of Police, Kadayanallur Police Station, Thirunelveli District (Crime No.405 of 2014) ... Respondent PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional Sessions Judge (PCR Court), Thirunelveli District to consider the bail application on the date of surrender on the same day in Crime No.405 of 2014, on the file of the Inspector of Police, Kadayanallur Police Station, Thirunelveli District. For Petitioner : Mr.K. Prabhu For Respondent : Mr.A.P. Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned II Additional Sessions Judge (PCR Court), Thirunelveli District to consider the bail application on the date of surrender, on the same day in Crime No.405 of 2014, on the file of the Inspector of Police, Kadayanallur Police Station, Thirunelveli District.

2. The petitioner is alleged to have committed the offences under Sections 420, 294(b), 323, 506(ii) IPC r/w. 3(1)(r)(3), 3(2)(Va) of SC/ST Amendment Ordinance Act. It is stated by the petitioner that he is an innocent.

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the learned II Additional Sessions Judge (PCR Court), Thirunelveli District 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 learned II Additional Sessions Judge (PCR Court), Thirunelveli District to dispose of the petition for bail on the same day, no prejudice would be caused to https://hcservices.ecourts.gov.in/hcservices/

the prosecution, the following direction is issued to the learned II Additional Sessions Judge (PCR Court), Thirunelveli District :- "In the event of the petitioner surrendering before the learned II Additional Sessions Judge (PCR Court), Thirunelveli District 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/- Assistant Registrar(Writ) \\True copy\ Sub Assistant Registrar To 1.The II Additional Sessions Judge (PCR Court), Thirunelveli 2.The Inspector of Police, Kadayanallur Police Station, Thirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.K.PRABHU, ADVOCATE SR.NO.26375 Crl.O.P(MD).No.9478 of 2015 27.05.2015 TRP NA/AMF/28/05/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/