Madras High CourtCRL OP(MD)/9728/2015disposed of

Saralabanu v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2010

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.9728 of 2015 Saralabanu ... Petitioner/Accused No.3 Vs State thro, The Inspector of Police, Aruppukottai, Aruppukottai Town Police Station, Crime No.451/15, Virudhunagar District.

... Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal District and Sessions Judge (Special Case court for PCR), Srivilliputhur at Virudhunagar District to accept the surrender of the petitioner / accused No.3 and consider her bail applicatiion on the same day in relating to Crime No.451/2015, on the file of the respondent police.

For Petitioner : Mr.G.Mariappan For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court praying to direct the learned Principal District and Sessions Judge (Special Case court for PCR), Srivilliputhur at Virudhunagar District to accept the surrender of the petitioner / accused No.3 and consider her bail applicatiion on the same day in relating to Crime No.451/2015, on the file of the respondent police.

2. The petitioner is alleged to have committed an offence under Sections 294(b) and 506(ii) of IPC and Section 3(2)(5a) of SC/ST (POA) 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 lower Court to co-operate with the prosecution and her 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 day, no prejudice would be https://hcservices.ecourts.gov.in/hcservices/

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 her 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(CO) \\True copy\\ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (Special Court for PCR), Srivilliputhur at Virudhunagar District 2.The Inspector of Police, Aruppukottai, Aruppukottai Town Police Station, Virudhunagar District.

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

+1cc to MR.G.MARIAPPAN, ADVOCATE SR.NO.27000 Crl.O.P(MD).No.9728 of 2015 03.06.2015 MPK NA/AMF/05/06/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/