Madras High CourtCRL OP(MD)/8371/2024allowed

Dharma @ Dharmaraj v. The Deputy Superintendent Of Police

2024-06-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.8371 of 2024 Dharma @ Dharmaraj ... Petitioner Vs

1. The Deputy Superintendent Of Police, Madurai District.

2. The Inspector of Police, Othakadai Police Station, Madurai District. (Crime No.80/2024).

3. Uthiraprakash ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional Sessions Judge, Madurai (PCR Court) to consider the bail application to be filed by the petitioner on the same day in Crime No.80/2024 on the file of Inspector of Police, Othakadai Police Station, which is pending investigation.

For Petitioner : Mr. S.Vijayakumar For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner is an accused in Crime No.80 of 2024 on the file of the respondent police. The said case was registered for the offence under Sections 147, 148, 294(b), 447, 342, 323, 324, 506(i) IPC and 3(1)(r), 3(1) (s) of SC/ST (POA) Act.

2.The learned counsel for the petitioner submitted that in the earlier petition in Crl.O.P(MD) No.4044 of 2024, this Court has already considered the case of the petitioner and issued a direction to the concerned trial Court to consider the bail application filed by the petitioner on the day of filing. However, the petitioner could not surrender before the trial Court as directed by this Court due to boycott in the lower Court. Therefore, the petitioner has filed a petition to extend the time limit and the same was dismissed by this Court.

3.Since this Court has already issued a direction to the trial Court consider the bail petition filed by the petitioner on the same day, this petition is disposed of with a direction to the petitioner to surrender within a 2/5

period of two weeks from the date of receipt of copy of the order before learned III Additional Sessions Judge, Madurai (PCR Court), Madurai who in turn is directed to entertain the bail application if any filed by this petitioner on the same of day. The Public Prosecutors are expected to be available in the Courts and the Public Prosecutors can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day. 6.This Criminal Original Petition is disposed of accordingly. 10.06.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No Note: Issue order copy on 12.06.2024 PNM 3/5

To 1.The III Additional Sessions Judge, Madurai (PCR Court). Madurai

2. The Deputy Superintendent Of Police, Madurai District.

3. The Inspector of Police, Othakadai Police Station, Madurai District. (Crime No.80/2024).

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

B.PUGALENDHI , J.

PNM ORDER IN CRL.O.P (MD) No.8371 of 2024 10.06.2024 5/5