Madras High CourtCRL OP(MD)/12349/2023disposed of

Palpandiyan v. The Deputy Superintendent Of Police

2023-07-10Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.12349 of 2023 1.Palpandiyan 2.Murugan ... Petitioners / Accused Nos:1 & 2 Vs 1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.The Sub-Inspector of Police, Alangulam Police Station, Virudhunagar District.

(Cr.No.82 of 2023) 3.Suganadevi ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases) to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.82 of 2023 on the file of the 2nd respondent police.

1/4

For Petitioner : M/S. M.Jothi Basu For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition is filed seeking for a direction to the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases), to consider the bail applications of the petitioners on the same day, on merits in Crime No.82 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 accused Nos.1 and 2 in Crime No.82 of 2023 on the file of the first respondent police, which was registered for the offences under Sections 294(b), 323, 420, 506(i) of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 d 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015. 3.The petitioners submit that they intends to surrender before the learned Special Judge and sought for a direction to dispose of the bail 2/4

application on the very same day in Crime No.82 of 2023 on the file of the second respondent.

4. Considering the circumstances, the petitioners are at liberty to surrender before the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases), within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail applications, 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. 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 Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law. 10.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases). 2.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3.The Sub-Inspector of Police, Alangulam Police Station, Virudhunagar District. (Cr.No.82 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Crl.O.P.(MD)No.12349 of 2023 Date: 10.07.2023 4/4