M SRINIVASAN Vs. STATE

JUDGEMENT

(1.) The petitioner approaches the Court with the prayer to direct the Judicial Magistrate No.1, Trichy who is in-charge of the learned Chief Judicial Magistrate at Trichy to dispose of bail application of the petitioner in Criminal M.P. No. 3846 of 2009 on merits.

(2.) The grievance of the petitioner herein is that he was remanded to judicial custody on 9.10.09 in the case in crime No. 29 of 2009 on the file of the learned Chief Judicial Magistrate Trichy. Then, the petitioner moved an application for bail before the learned Judicial Magistrate No.1, Trichy who is holding the additional charge of the learned Chief Judicial Magistrate, Trichy and the same was ordered notice to the respondent herein. After a lapse of some time, the learned Judicial Magistrate, returned the bail application with an endorsement, which reads as follows: "Reply received. The Magistrate holding additional charge has not power to entertain this application since the alleged offences are under V&AC Act, call on 2.11.09." Aggrieved over the said order, the petitioner approaches this Court.

(3.) After hearing the arguments of the learned counsel appearing for the petitioner and also perusal of the entire records, this Court is of the view that the learned judicial Magistrate, who is holding additional charge of the post of Chief Judicial Magistrate, it the duty of the concerned Judicial Magistrate, to act as a Chief Judicial Magistrate, more particularly in disposing the bail applications are concerned and hence the present petition is liable to be allowed.