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Madras High CourtCRL OP(MD)/9920/2024dismissed

V.Manojkumar v. The Deputy Superintendent Of Police

2024-07-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI V.Manojkumar @ Manojprabhakar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

3.Selvam ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the learned Special Judge for SC/ST Cases, Sivagangai to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.182 of 2024 on the file of the second respondent police.

For Petitioner : Mr.C.Ezhilarasu For R1 & R2 : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking a direction to the learned Special Judge for SC/ST Cases, Sivagangai to consider the bail application of the petitioner.

2.The learned counsel appearing for the petitioner submits that the prayer is only to consider the bail application of the petitioner. 3.The bail application can be maintained, only if the petitioner is in jail. It appears that the petitioner without surrendering himself before the Court below, has moved this petition seeking a direction to consider his bail application. It is always open to the petitioner to surrender and move bail application. In the event, if the petitioner surrenders and thereafter moves a bail application, the same shall be considered by the learned Special Judge for SC/ST Cases, Sivagangai, on its merits. Accordingly, this criminal original petition is dismissed. 05.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 2/4

To 1.The Special Judge for SC/ST Cases, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

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B.PUGALENDHI,J gns 05.07.2024 4/4