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Madras High CourtCRL OP(MD)/9623/2015disposed of

Inbaraj v. The Deputy Superintendent Of

2015-06-03Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.9623 of 2015 Inbaraj ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Tiruchendur, Thoothukudi District,

2. State rep. by The Inspector of Police, All Women Police Station Tiruchendur, Thoothukudi District, (Crime No.5/2015) ... Respondents/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional District & Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.5/2015, dated 18.04.2015, on the file of the respondent police. For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned II Additional District & Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.5/2015, dated 18.04.2015, on the file of the respondent police.

2. The petitioner is alleged to have committed an offence under Sections 294(b), 417, 493 and 495 of IPC and Section 3(2)(v) 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.

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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 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(AS) \\True copy\ Sub Assistant Registrar To 1.The II Additional District & Sessions Judge (PCR Court), Tirunelveli 2.The Deputy Superintendent of Police, Tiruchendur, Thoothukudi District,

3. The Inspector of Police, All Women Police Station Tiruchendur, Thoothukudi District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.S.Deenadhayalan, Advocate Sr.No.27336 Crl.O.P(MD).No.9623 of 2015 03.06.2015 mpk NA/KBM/08/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/