Madras High CourtCRL OP(MD)/13093/2023disposed of

Veni @ Velankanni v. The Deputy Superintendent Of Police

2023-07-21Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13093 of 2023 Veni @ Velankani ... Petitioner /Sole Accused Vs.

1.The Deputy Superintendent of Police, Illuppur Region, Pudukkottai District.

2.The State represented by the Inspector of Police, Annavasal Police Station, Pudukkottai District.

(Crime No.169 of 2023) ..Respondents / Complainants 3.Manjula @ Manjuladevi ..Respondent / Defacto Complainant 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), Pudukkottai District, to consider the bail application filed by the petitioner on the same day of surrender in Crime No.169 of 2023 on the file of the second respondent Police.

For Petitioner : Mr.P.Ganapathi Subramanian 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 learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District, to consider the bail application filed by the petitioner on the same day of surrender in Crime No.169 of 2023 on the file of the second respondent Police.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the sole Accused in Crime No.169 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b) and 352 of IPC r/w Sections 3 (1) (r) and 3 (1) (s) of the SC/ST (Prevention of Atrocities) Act, 1989 and the petitioner submits that she intends to surrender before the learned Principal Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.169 of 2023 on the file of the second respondent.

3. Learned Government Advocate (Criminal Side) on the other hand submits that he has no objection to allow this petition. 2/4

4. Considering the circumstances, the petitioner is at liberty to surrender before the learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai 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 application, the learned Principal 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.

5. 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 Principal 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 21.07.2023 Internet : Yes/No tsg To 3/4

DR.D.NAGARJUN. J.

tsg 1.The Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District.

2.The Deputy Superintendent of Police, Illuppur Region, Pudukkottai District.

3.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

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