Manickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.10998 of 2023 1.Manickam 2.Prakash ... Petitioners Vs.

1.The Inspector of Police, Chinthamanipatty Police Station, Karur District.

(Crime No.88 of 2023) 2.Sakthivel ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional Sessions Judge (PCR Court), Karur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to crime No.88 of 2023 dated 08.06.2023 on the file of the respondent police. For Petitioners : Mr.A.Thiyagarajan For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the learned Additional Sessions Judge (PCR Court), Karur to consider the bail application of the petitioners on the same day on merits in Crime No.88 of 2023 on the file of the second respondent. 2.It is submitted by the learned counsel appearing for the petitioners that the petitioners are the accused Nos.1 and 2 in Crime No. 88 of 2023 on the file of the second respondent police, which was registered for the offences under Section 294(b) IPC r/w 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 and that they intend 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.88 of 2023 on the file of the second respondent.

3.Considering the circumstances, the petitioners are at liberty to surrender before the learned Additional Sessions Judge (PCR Court), Karur within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail application, the learned Special Judge is directed to dispose of the same as per law as 2/4

expeditiously as possible preferably on the same day by giving notice to the prosecutor and on hearing both sides.

4.It is needless to state that merely because this direction is given to dispose of the application as expeditiously as possibly on the very same day does not mean that the bail application shall be allowed. The learned Special Judge is required to hear both sides on merits and dispose of the same as per law.

Index : Yes/No 17.07.2023 Internet : Yes/No mm To 1.The Additional Sessions Judge, (PCR Court), Karur.

2.The Inspector of Police, Chinthamanipatty Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

mm 17.07.2023 4/4