Ajay v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13487 of 2023 Ajay ... Petitioner Vs.
1.The Deputy Superintendent of Police, Alangulam, Tenkasi District.
2.The Inspector of Police, Surandai Police Station, Tenkasi District.
(Crime No.116 of 2023) 3.Mani ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District Judge (PCR Court) Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.116 of 2023 dated 01.07.2023 on the file of the respondent police. For Petitioner : Mr.P.Balasubramanian 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 II Additional District Judge (PCR Court) Tirunelveli to consider the bail application filed by the petitioner on the same day of surrender in Crime No.116 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 Accused in Crime No.116 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 294(b), 342, 323, 324, 307, 427, 379 and 506 (2) IPC r/w Sections 3 (1) (r), 3 (1) (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 Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.116 of 2023 on the file of the second respondent.
3.Learned Government Advocate (Criminal Side) on the other hand submits that the injured has been discharged from the hospital. 2/5
4.Considering the circumstances, the petitioner is at liberty to surrender before the learned II Additional District Judge (PCR Court) Tirunelveli, 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 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 sessions Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law. This Petition is disposed of accordingly.
Index : Yes/No 28.07.2023 Internet : Yes/No mm To 1.The II Additional District Judge, (PCR Court) Tirunelveli.
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2.The Deputy Superintendent of Police, Alangulam, Tenkasi District.
3.The Inspector of Police, Surandai Police Station, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5
DR.D.NAGARJUN. J.
mm 28.07.2023 5/5