Madras High CourtCRL OP(MD)/12233/2023disposed of

M.Sathish Kumar v. The Deputy Superintend Of Police

2023-07-06Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.M.Sathish Kumar 2.V.Andiyappan @ Suresh.M 3.P.Sivasakthi 4.M.Sakthivel 5.A.Saravanan ... Petitioners / Accused Nos.1, 2, 3, 7 & 8 Vs 1.The State represented by the Deputy Superintendent of Police, Kulithalai Taluk, Karur District.

2.The State represented by the Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.355 of 2023) 3.R.Prasanth

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Principal District Judge, Karur, to consider the bail application of the petitioners on the same day on their surrenders before the said Court in Crime No.335 of 2023 pending on the file of the Inspector of Police, Kulithalai Police Station, Karur District.

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For Petitioners : Mr.T.Dhamodharan For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed seeking for a direction to the learned Principal District Judge, Karur, to consider the bail application of the petitioners on the same day on their surrenders before the said Court in Crime No.335 of 2023 pending on the file of the Inspector of Police, Kulithalai Police Station, Karur District.

2. It is submitted by the learned counsel appearing for the petitioners that the petitioners are accused Nos.1, 2, 3, 7 and 8 in Crime No.335 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 148, 294(b), 323 and 506 (1) of I.P.C. and Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of SC / ST (Prevention of Atrocities)Act, 1989.

3. The petitioners submit that they intend to surrender before the learned Principal District Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.335 of 2023 on the file of the second respondent.

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4. Considering the circumstances, the petitioners are at liberty to surrender before the learned Principal District Judge, 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 Principal District Judge, Karur, 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 Principal District Judge, Karur, is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

06.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Principal District Judge, Karur.

2.The Deputy Superintendent of Police, Kulithalai Taluk, Karur District.

3.The nspector of Police, Kulithalai Police Station, Karur District.

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

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DR.D.NAGARJUN, J.

tsg 06.07.2023 4/4