This order granted a direction to the lower Court to consider a petitioners bail application on the day of their surrender to prevent prejudice, despite charges under IPC and SC/ST Act.
Direction that lower Court dispose of bail petition on same day of surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:20.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
Criminal Original Petition (MD) No.13511 of 2015
1.Anil @ Beer Mohaideen @ Beer Mohammed
2.Sheik Ali
... Petitioners/(Accused rank Not Known)
Vs
The State, By the Inspector of Police, Pappakudi Police Station, Tirunelveli District.
(Crime No.60 of 2013) ... Respondent/Complainant
PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No.60 of 2015 on the file of the respondent, pending investigation.
For Petitioners : Mr.D.Venkatesh For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)
ORDER
The petitioners approach this Court to direct the learned II Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No.60 of 2015 on the file of the respondent, pending investigation.
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bail may be ordered to be considered on the same day.
“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."
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
To
1.The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli
2.The Inspector of Police, Pappakudi Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc Mr. D.Venkatesh, Advocate Sr.No. 39556 pm AA/23.07.2015/2p- 5c/
Crl.O.P(MD).No.13511 of 2015 20.07.2015
2 issues framed by the court
Whether the lower Court should be directed to consider the bail application on the day of surrender.
Whether urgency in cases involving SC/ST atrocities permits same-day bail consideration upon surrender.
4 provisions across 4 enactments
Anil @ Beer Mohaideen @ Beer Mohammed and another
The State
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
