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Madras High CourtCRL OP(MD)/5361/2016ordered

R.Balasundaram v. The Assistant Commissioner Of

2016-03-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.5361 of 2016 1.R.Balasundaram 2.Sumitha Lakshmi ... Petitioners vs.

1.The Assistant Commissioner of Police Anna Nagar, Madurai City, Madurai 2.The Inspector of Police Anna Nagar Police Station Madurai (Crime No.2042 of 2015) ... Respondents/Complainants PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act PCR Court, Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.2042 of 2015, on the file of the respondents Police. For Petitioners : Mr.C.D.Johnson For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioners have come forward with this petition seeking for a direction to the learned III Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act PCR Court, Madurai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.2042 of 2016, pending on the file of the second respondent Police.

2. The learned Government Advocate (Criminal Side) submitted that the investigation, in Crime No.2042 of 2015, was completed and final report has been filed in P.R.C.No.25 of 2016, before the learned Judicial Magistrate No.VI, Madurai. Since the petitioners did not appear during trial before the Trial Court, a non-bailable warrant was issued against them, on 16.02.2016.

3. Under such circumstances, the petitioners are directed to surrender before the learned Judicial Magistrate No.VI, Madurai, within a period of two weeks from the date of receipt of a copy of https://hcservices.ecourts.gov.in/hcservices/

this Order and file an application for recall of the non-bailable warrant issued against them. On filing such application the learned Judicial Magistrate No.VI, Madurai, shall consider the same on the same day and pass appropriate orders in accordance with law. In the event of the learned Judicial Magistrate No.VI, Madurai, recalling the non-bailable warrant, the petitioners should execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, under Section 88 Cr.P.C.

4. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The III Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act PCR Court, Madurai.

2.The Judicial Magistrate No.VI, Madurai.

3.The Assistant Commissioner of Police, Anna Nagar, Madurai City, Madurai.

4.The Inspector of Police, Anna Nagar Police Station, Madurai.

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

+1 cc to Mr.C.D.Johnson,Advocate SR No.17373 rg.SK-SKN/SAR-I 04.04.2016 2P/7C Crl.O.P(MD).No.5361 of 2016 29.03.2016 https://hcservices.ecourts.gov.in/hcservices/