1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH CRL.O.P.(MD).No.15026 of 2011 1.Thiyagu 2.Kameshwaran 3.Kaleeshwaran 4.Thangabalu 5.Karthick 6.Gopi 7.Balasubramanian 8.Alagarsamy 9.Balamurugan 10.Kannan S/o.Duraisamy 11.Rajkumar 12.Kannan S/o.Thangabalu 13.Ramu 14.Duraisamy 15.Narasingam : Petitioners Vs. 1.The Inspector of Police Kalaiyarkovil Police Station Sivagangai District Crime No.349 of 2011 2.Thirunavukkarasu : Respondents (R2 is impleaded as per order of this Court dated 22.11.2011 made in M.P.(MD) No.1 of 2011) PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the District and Sessions Judge cum Special Court for (PCR), Sivagangai to consider the bail application of the petitioners/accused in Crime No.349 of 2011 on the file of the respondent police on the same day of surrender, on merits. For Petitioner : Mr.M.Mohanasundram For R - 1 : Mrs.S.Prabha, Government Advocate (Crl.Side) For R - 2 : Mr.V.Kannan. O R D E R This petition has been filed to direct the District and Sessions Judge cum Special Court for (PCR), Sivagangai to consider the bail application of the petitioners/accused in Crime No.349 of 2011 on the file of the respondent police on the same day of surrender, on merits. 2.Heard Mr.M.Mohanasundaram, learned counsel appearing for the petitioners. Mr.V.Kannan, learned counsel for the intervenor and Mrs.S.Prabha, learned Government Advocate (criminal side) appearing for the first respondent. 3. According to the submission of the learned counsel for the petitioner, the accused are ready to surrender before the District and Sessions Judge cum Special Court (PCR), Sivagangai and hence, he request the Court that a direction may be issued to the learned District Sessions Judge cum Special Court (PCR), Sivagangai to consider their bail application on the same day. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Learned counsel for the intervenor would submit in his argument that the offence under Section 380 I.P.C is serious one and it cannot be considered by the learned Sessions Judge in a single day for applying his mind. 5. The learned Government Advocate (Crl. Side) would submit in her argument that 13 sovereigns of jewels and Rs.50,000/- are said to have been stolen and the same have not been recovered and it is not a case for giving any direction to surrender the petitioners and consider their bail applications on the same day. 6. Considering the objections made by the learned Government Advocate (Crl. Side), this Court is of the view that since the properties have not recovered so for, I am not inclined to grant any direction to the petitioners. 7. Accordingly, this Criminal Original Petition is dismissed. SD ASST REGISTRAR(CO) /TRUE COPY/ vsm SUB ASST REGISTRAR 1.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. 2.District and Sessions Judge cum Special Court for (PCR), Sivagangai. 3.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai. SB:01/12/2011 2p 4c ORDER MADE IN CRL.O.P.(MD).No.15026 of 2011 https://hcservices.ecourts.gov.in/hcservices/