Ambika v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.13327 of 2023 1.Ambika 2.Anandhakumar ... Petitioners / Accused Nos.1 and 2 Vs 1.The Deputy Superintendent of Police, Pudukkottai Police Station Division, Pudukkottai.

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

(Cr.No.142 of 2023) 3.Dhavameenal ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Pudukkottai to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.142 of 2023, dated 13.07.2023. 1/5

For Petitioners : M/S. D.Rameshkumar For R1 and R2 : Mr.S.S.Madhavan Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition is filed seeking for a direction to the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider the bail applications of the petitioners on the same day, on merits in Crime No.142 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 accused Nos.1 and 2 in Crime No.142 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b), 323, 354 of IPC and Section 3(1) (r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act, 1989. 2/5

3. The petitioners submit that they intends 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.142 of 2023 on the file of the second respondent.

4. The learned Government Advocate (Crl.side) would submit that there is no previous criminal record against the petitioners.

5. Considering the circumstances, the petitioners are at liberty to surrender before the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail applications, 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. It is needless to state that merely because this direction is given to dispose of the application possibly on the very same day does not mean that the bail application shall be allowed. The learned Special Judge is directed to 3/5

consider and dispose of the same on hearing both sides on the basis of merits and as per law.

25.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Principal District and Sessions Judge (PCR Court), Pudukkottai. 2.The Deputy Superintendent of Police, Pudukkottai Police Station Division, Pudukkottai. 3.The Inspector of Police, Nagudi Police Station, Pudukkottai District. (Cr.No.142 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR. D.NAGARJUN, J.

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ORDER

IN Crl.O.P.(MD)No.13327 of 2023 Date: 25.07.2023 5/5