Madras High CourtCRL OP(MD)/12306/2023disposed of

Ravi @ Kaka Ravi v. The Superintendent Of Police

2023-07-07Honourable Dr Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12306 of 2023 1.Ravi @ Kaka Ravi 2.Vaithilingam 3.Maharaja 4.Vikki @ Vignesh ... Petitioners Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

(Crime No.81 of 2023) 3.Sathish Kumar ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court, (PCR) Court, Tirunelveli to consider the bail application of the petitioners on the same day of surrender in Crime No.81 of 2023 on the file of the 2nd respondent police station.

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For Petitioners : Mr.C.Venkatesh For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed seeking for a direction to the learned Principal District and Sessions Judge, (PCR) Court, Tirunelveli to consider the bail application of the petitioners on the same day on merits in Crime No.81 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 to 4 in Crime No.81 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 341, 294(b) and 323 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.81 of 2023 on the file of the second respondent.

3.Considering the circumstances, the petitioners are at liberty to surrender before the learned Principal District and Sessions Judge, (PCR) 2/5

Court, Tirunelveli 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 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 07.07.2023 Internet : Yes/No mm To 1.The Judge, Principal District and Sessions Court, (PCR) Court, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

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