Madras High CourtCRL OP(MD)/10519/2023disposed of

Kannan v. The Deputy Superintendent Of Police

2023-07-04Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kannan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

(Crime No.266 of 2023) 3.Mahalingam ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider and pass orders on bail application to be filed by petitioner in connection with Crime No.266 of 2023 pending on the file of the second respondent on the same day. For Petitioner : Mr.S.Pandiyaraj For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai to consider the bail application of the petitioner on the same day on merits in Crime No.266 of 2023 on the file of the second respondent. 2.It is submitted by the learned counsel appearing for the petitioner that the petitioner is the sole accused in Crime No.266 of 2023 on the file of the second respondent police, which is registered for the offences under Sections 294(b) and 506(2) IPC and 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

3.The petitioner submits that he intends to surrender before the learned Special Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.266 of 2023 on the file of the second respondent.

4.Considering the circumstances, the petitioner is at liberty to surrender before the learned III Additional District and Sessions Judge (PCR Court), Madurai within a period of 15 days from the date of receipt of a copy of this order. If the petitioner surrenders and files bail 2/4

application, the learned Special Judge is directed to dispose of the same as per law as expeditiously as possible preferably on the same day by giving notice to the prosecutor and on hearing both sides. It is needless to state that merely because this direction is given to dispose of the application possibly on the very same day does not mean that the bail application shall be allowed. The learned Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law. This Petition is disposed of, accordingly. Index : Yes/No 04.07.2023 Internet : Yes/No mm To 1.The III Additional District and Sessions Judge (PCR Court), Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

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

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DR.D.NAGARJUN. J.

mm 04.07.2023 4/4