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2014 DIGILAW 1036 (MAD)

Muthu @ Muthumanickam v. State Rep. by the Inspector of Police, Madurai

2014-05-07

P.N.PRAKASH

body2014
Judgment : 1. The petitioners approach this Court with a prayer to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai to consider and pass orders on the bail application to be filed by the petitioners on their surrender on the same day in Crime No.176 of 2014 pending on the file of the respondent. 2. The petitioners are alleged to have committed an offence under Sections 294(b), 323 of IPC and Section 3(1)(x) of SC/ST Act, 1989. It is stated by the petitioners that they are innocent persons. 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 petition for bail may be directed to be considered on the same day. 4. Learned Government Advocate (Crl. side) would submit that the injured had discharged from the hospital. 5. This Court taking into consideration of the fact that by simply issuing a direction to the lower Court without going into merits, to dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, issues the following direction to the lower Court:- “In the event of the petitioners surrendering before the learned III Additional District and Sessions Judge (PCR Court), Madurai within 15 days from the date of receipt of a copy of this order and their filing of petition seeking bail, the learned III Additional District and Sessions Judge (PCR Court), Madurai 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.