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Madras High CourtCRL OP(MD)/12693/2023disposed of

Siva v. The Deputy Superintendent Of Police

2023-07-14Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12693 of 2023 Siva ... Petitioner /Accused Rank No.3 Vs.

1.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Jeeyapuram, Trichy District.

2.State through the Inspector of Police, Jeeyapuram Police Station, Trichy District.

(In Crime No.89 of 2023) ..Respondents / Complainants 3.Nandhini ..Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional Sessions Court (PCR), Trichy, to consider the bail application of the petitioner on the same day on merits in Crime No.89 of 2023 on the file of the second respondent Police Station.

For Petitioner : Mr.S.Prabha 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 I Additional Sessions Court (PCR), Trichy, to consider the bail application of the petitioner on the same day on merits in Crime No.89 of 2023 on the file of the second respondent Police Station.

2. It is submitted by the learned counsel that the petitioner is an accused No.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), 324 and 506 (I) of IPC and 3 (1) (r) (s) and 3 (2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 and the petitioner submits that he intends to surrender before the learned I Additional Sessions 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.

3. Considering the circumstances, the petitioner is at liberty to surrender before the I Additional Sessions Court (PCR), Trichy within a period of 15 days from the date of receipt of a copy of this order. If the petitioner surrenders and files bail application, the learned I Additional 2/4

Sessions 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, it does not mean that the bail application shall be allowed. The learned I Additional Sessions Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

Index : Yes/No 14.07.2023 Internet : Yes/No tsg To 1.The I Additional Sessions Court (PCR), Trichy. 2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

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

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DR.D.NAGARJUN. J.

tsg 14.07.2023 4/4