Madras High CourtCRL OP(MD)/9949/2015disposed of

Boopathy v. The Inspector Of Police

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.9949 of 2015 1.Boopathy 2.Lakshmanan 3.Vivek ... Petitioners/A1,A2 & A4 Vs The State rep by its The Inspector of Police, Orthanadu Police Station, Thanjavur District.

(Crime No.249 of 2015) ..Respondent/Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned 1st Additional District and Sessions Judge (Special Court PCR), Thanjaur, Thanjavur District, to accept the surrender of the petitioner along with bail application in Crime NO.249 of 2015 on the file of the respondent police and pass any other order.

For Petitioners : Mr.P.Sesubalan Raja For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

The petitioners approach this Court to direct the learned 1st Additional District and Sessions Judge (Special Court PCR), Thanjaur, Thanjavur District, to consider the bail application on the same day in the event of the petitioners surrender before the Learned learned 1st Additional District and Sessions Judge (Special Court PCR), Thanjaur, in connection with Crime No.249 of 2015 pending on the file of the respondent police.

2. The petitioners are alleged to have committed an offence under Sections 147, 148, 324, 448, 506(ii) of IPC and Section3(1) of PPDL Act and Section 3(1)(X) of SC/ST 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 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.

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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 /True copy/ Sub Assistant Registrar To 1.The 1st Additional District and Sessions Judge Special Judge cum (PCR Court), Thanjaur, Thanjavur District.

2.The Inspector of Police, Orthanadu Police Station,Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.P.Sesubalan Raja, Advocate, in SR. No. 27967 TS/10.06.2015/2P-5C Crl.O.P(MD).No.9949 of 2015 05.06.2015 https://hcservices.ecourts.gov.in/hcservices/