Madras High CourtCRL OP(MD)/9362/2024ordered

Prasanth v. The Deputy Superintendent Of Police

2024-06-27Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.06.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9362 of 2024

1. Prasanth

2. Kannaki

3. Amarnath ... Petitioners/A3, A4 & A6 versus

1. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

2. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

3. Vivek ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (PCR Court), Sivagangai and consider the bail petition on the same day in Crime No.61 of 2024 on the file of the second respondent Police.

For Petitioners : Mr.S.M.Sanjay For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

O R D E R

The petitioners are the accused in Crime No.61 of 2024 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 147, 148, 294(b), 324, 342, 355 and 506(ii) IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act. Therefore, the petitioners have moved this petition seeking a direction to the learned Principal District and Sessions Judge, (PCR Court), Sivagangai, to consider their bail petitions on the date of surrender.

2. The learned counsel appearing for the petitioners submits that earlier, the petitioners had moved a petition in Crl.O.P.(MD)No.3918 of 2024, seeking the above relief. This Court, by order dated 12.03.2024, granted the relief with a direction to the petitioners to surrender before the learned Principal District and Sessions Judge (PCR Court), Sivagangai, within a period of 15 days from the date of receipt of the copy of the order. Since the petitioners failed to surrender before the concerned Court within the stipulated time, due to some illness, they moved another petition in Crl.M.P.(MD)No.5195 of 2024 seeking extension of time. However, this Court, by order dated 04.06.2024, 2/4

dismissed the petition with liberty to the petitioners to file a fresh petition. Accordingly, the petitioners have filed this petition.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4. Considering the facts and circumstances, this petition is disposed of with a direction to the petitioners to surrender within a period of one week from the date of receipt of a copy of this order before the learned Principal District and Sessions Judge, (PCR Court), Sivagangai, who, in turn, is directed to entertain the bail applications, if any filed by the petitioners on the same day. The Public Prosecutor concerned is expected to be available in the Courts and the Public Prosecutor can very well get instructions with the available scientific modes. The bail applications in any event shall be disposed on merits on the same day.

27.06.2024 ogy Note: Issue order copy on 28.06.2024 3/4

B.PUGALENDHI, J.

ogy To

1. The Principal District and Sessions Court, PCR Court, Sivagangai.

2. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

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

Order made in Crl.O.P.(MD)No.9362 of 2024 27.06.2024 4/4