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2014 DIGILAW 3680 (MAD)

Kasilingam v. State Rep. By The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District

2014-10-07

N.KIRUBAKARAN

body2014
Judgment : 1. This petition has been filed praying to direct the learned Principal District and Sessions Judge (PCR Court), Tirunelveli to consider and to pass orders on the bail application to be filed by the petitioners on their surrender in Crime No.94 of 2014 pending on the file of the respondent. 2. The petitioner is alleged to have committed the offences under Sections 147, 294(b), 323, 324, 506(ii) IPC and Section 3(1)(r)(s) of Sections 3(2) V a of SC/ST POA Amendment Ordinance Act, 2014. It is stated by the petitioners that they are innocents and the injured has already been discharged from the hospital. 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 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 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.