Vallarasu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12462 of 2023 1.Vallarasu 2.Lakshmi ... Petitioners Vs.

1.The Deputy Superintendent of Police, Sattur Police Station Division, 2.The Inspector of Police, Elayirampannai Police Station, (Crime No.89 of 2023) 3.Thangadurai ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge, (PCR Court), Srivilliputhur, Virudhunagar District to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.89 of 2023 dated 19.06.2023. For Petitioners : M/s.S.Prabha For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/5

O RDER This Criminal Original Petition is filed seeking for a direction to the learned Principal District and Sessions Judge, (PCR Court), Srivilliputhur, Virudhunagar District to consider the bail application of the petitioners on the same day on merits in Crime No.89 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.2 and 3 in Crime No. 89 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b) and 506 (i) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 r/w 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. 3.The petitioners submits 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.89 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 and Sessions Judge, (PCR Court), Srivilliputhur, Virudhunagar District, 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.

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 11.07.2023 Internet : Yes/No mm To 1.The Principal District and Sessions Judge, (PCR Court), Srivilliputhur, 3/5

2.The Deputy Superintendent of Police, Sattur Police Station Division, 3.The Inspector of Police, Elayirampannai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

mm 11.07.2023 5/5