Madras High CourtCRL OP(MD)/9761/2015disposed of

Duraikannu, v. The Inspector Of Police

2015-06-04Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.9761 of 2015 1.Duraikannu 2.Sivasankaran 3.Sheik Dhavuth ... Petitioners Vs The State rep. By The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.264 of 2015) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to accept the surrender of the petitioners before the Special Court for S.C/S.T (Prevention of Atrocities) Act i.e., the I Additional District and Sessions Judge(Special Court for P.C.R. Cases) at Thanjavur, in connection with the Crime No.264 of 2015 on the file of the respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioners : Mr.K.M.Karunakaran For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned I Additional District and Sessions Judge(Special Court for P.C.R. Cases) at Thanjavur, to consider the bail application on the same day in the event of their surrender in connection with Crime No.264 of 2015 on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 352, 355, 342, 506(i) of IPC r/w. Sec. 3(i) (r)(s), 3

(2) (va) of SC/ST (Prevention of Atrocities) Act. It is stated by the petitioners that they are innocent.

3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to cooperate with the prosecution and their petitions 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 petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

lower Court:- "In the event of the petitioners surrendering before the lower Court and their 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(Writs) /True copy/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge (Special Court for P.C.R. Cases) at Thanjavur. 2.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

+1cc to Mr.K.M.Karunakaran, Advocate SR.No.27822 Crl.O.P(MD).No.9761 of 2015 04.06.2015 pm PA/PPS/09.06.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/