Madras High CourtCRL OP(MD)/12418/2023disposed of

Anandh @ Ananthan v. The Deputy Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12418 of 2023 Anandh @ Ananthan ... Petitioner / Sole Accused Vs.

1.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2.The State represented by The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(In Cr.No.245/2023) 3.Udhayabibin ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District to consider the bail application filed by the petitioner on the same day of surrender in Crime No.245 of 2023 on the file of the second respondent police.

For Petitioner : Mr.M.Laxmi Mahendraa 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 Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District, to consider the bail application of the petitioner on the same day on merits in Crime No.245 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 the sole accused in Crime No.245 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b), 324 and 506(ii) of IPC and Section 3(1)(r), 3(2)(va) of the Schedule Castes and Schedule Tribe (Prevention of Atrocities) Amendment Act, 2015.

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.245 of 2023 on the file of the second respondent.

4. Considering the circumstances, the petitioner is at liberty to surrender before the Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District, within a period of 15 days from the date of receipt of a copy of this order. If the petitioner surrenders and files bail 2/4

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. 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 To 1.The Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District.

2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

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

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

DR.D.NAGARJUN. J.

pnn 10.07.2023 4/4