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Madras High CourtCRL OP(MD)/9802/2015disposed of

Velmurugan,M/15 v. The Deputy Superintendent Of

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.9802 of 2015 1.Velmurugan 2.Erayya

...Petitioners

Vs 1.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.

2.The Special Sub-Inspector of Police, Vanniyampatti Police Station, Virudhunagar District, In Crime No.89 of 2015. ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Juvenile Justice Board, Virudhunagar, accept the surrender and to consider the bail application filed by the petitioners on the same day in accordance with law in Crime No.89 of 2015 on the file of the respondent. For Petitioners : Mr.P.Athimoolapandian For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the Juvenile Justice Board, Virudhunagar, accept the surrender and to consider the bail application filed by the petitioners on the same day in accordance with law in Crime No.89 of 2015 on the file of the second respondent.

2. The petitioners are alleged to have committed an offence under Sections 147, 294(b), 323, 506(ii) of IPC and Section 4 of Women Harassment Act r/w. Sec. 3(1)(r)(s) and 3(II)(V) (a) of SC/ST Amendment Ordinance Act, 2014. 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 Juvenile Justice Board to co-operate 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 Juvenile Justice Board 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 petitioners surrendering before the Juvenile Justice Board and their filing of petition seeking bail, the Juvenile Justice Board shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law." https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the Criminal Original Petition stands disposed of. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Juvenile Justice Board, Virudhunagar.

2.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.

3.The Special Sub-Inspector of Police, Vanniyampatti Police Station, Virudhunagar District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.P.Athimoolapandian, Advocate in SR.27898 Crl.O.P(MD).No.9802 of 2015 04.06.2015 pm pbk/amf 09/06/2015 ::2p-6c:

https://hcservices.ecourts.gov.in/hcservices/