Madras High CourtCRL OP(MD)/9914/2015disposed of

Saraswathi v. The District Superintendent Of

2015-06-05Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.9914 of 2015 1.Saraswathi 2.PR.Subramanian ... Petitioners/A1&A2 Vs 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.State rep ByInspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.308 of 2015) ..Respondents/Complainants PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned District and Sessions Judge (PCR Court), Siagangai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime NO.308 of 2015 dated 29.05.2015 on the file of the respondent police.

For Petitioners : Mr.R.Sundar For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned District and Sessions Judge (PCR Court), Siagangai, to consider the bail application on the same day in the event of the petitioners surrender before the Learned learned District and Sessions Judge (PCR Court), Siagangai , in connection with Crime No.308 of 2015 pending on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 294(b), 355 and 506(ii) of IPC and r/w Section 3 (1)(X) of SC/ST (Prevention of Atrocities) Amendment Act, 2014. It is stated by the petitioners that they are innocents.

3. The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to co-operate with the prosecution and their petitions for bail may be ordered to be considered on the same day. https://hcservices.ecourts.gov.in/hcservices/

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 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(CO) /True copy/ Sub Assistant Registrar ses To 1.The District and Sessions Judge (PCR Court), Sivagangai. 2.The Deputy Superintendent of Police,Karaikudi, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station,Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr. R.Sundar, Advocate in sr NO.28310 Crl.O.P(MD).No.9914 of 2015 05.06.2015 rg.10.06.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/