Suriya v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12150 of 2023 Suriya ... Petitioner Vs.

1.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

2.State represented the Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.185 of 2023) 3.C.Ramesh ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 2nd Additional District Judge (PCR), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.185 of 2023 dated 28.06.2023.

For Petitioner : Mr.S.Sundarapandian 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 II Additional District Judge (PCR), Tirunelveli to consider the bail application of the petitioner on the same day on merits in Crime No.185 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 an accused No.4 in Crime No.185 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 143, 294(b), 324 and 506(2) IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) 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.185 of 2023 on the file of the second respondent.

4.Considering the circumstances, the petitioner is at liberty to surrender before the learned II Additional District Judge (PCR), Tirunelveli within a period of 15 days from the date of receipt of a copy 2/4

of this order. If the petitioner surrenders and files 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.

5.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 05.07.2023 Internet : Yes/No mm To 1.The II Additional District Judge (PCR), Tirunelveli.

2.1.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

DR.D.NAGARJUN. J.

mm 05.07.2023 4/4