Madras High CourtCRL OP(MD)/13031/2023disposed of

Rajeshwari v. The Deputy Superintendent Of Police

2023-07-20Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13031 of 2023 Rajeshwari ... Petitioner Vs.

1.The Deputy Superintendent of Police, Kulithalai, Karur District.

2.The State Rep.by The Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.374 of 2023.

3.Manikandan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District Judge (PCR Court), Karur to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.374 of 2023 dated 08.07.2023.

For Petitioner : Mr.M.Karunanithi 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 1st Additional District Judge (PCR Court), Karur, to consider the bail application of the petitioner on the same day on merits in Crime No.374 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 a sole accused in Crime No.374 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b), 323 and 506(1) IPC, 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989. 3.The petitioner submits that she intends to surrender before the learned 1st Additional District Judge (PCR Court), Karur, and sought for a direction to dispose of the bail application on the very same day in Crime No.374 of 2023 on the file of the second respondent. 4.Considering the circumstances, the petitioner is at liberty to surrender before the learned 1st Additional District Judge (PCR Court), Karur, within a period of 15 days from the date of receipt of a copy of 2/5

this order. If the petitioner surrenders and files bail application, the learned 1st Additional District Judge (PCR Court), Karur, 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 possible on the very same day does not mean that the bail application shall be allowed. The learned 1st Additional District Judge (PCR Court), Karur, is required to hear both sides on merits and dispose of the same as per law. Index : Yes/No 20.07.2023 Internet : Yes/No ssb 3/5

To 1.The learned 1st Additional District Judge (PCR Court), Karur, 2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Kulithalai Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 20.07.2023 5/5