Madras High CourtCRL OP(MD)/13820/2023disposed of

Jeeva v. The Deputy Superintendent Of Police

2023-08-02Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13820 of 2023 Jeeva ... Petitioner Vs.

1.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

2.The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

Crime No.272 of 2023 3.Muthukani ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions 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.272 of 2023 on the file of the second respondent Police. For Petitioner : Mr.M.Jothi Basu 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 and Sessions Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner on the same day on merits in Crime No.272 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 the second accused in Crime No.272 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 341, 324 and 506(2) 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 he intends to surrender before the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, and sought for a direction to dispose of the bail application on the same day in Crime No.272 of 2023 on the file of the second respondent.

4.The learned Government Advocate (criminal side) appearing for the official respondent submits that four previous cases are pending 2/5

against the petitioner.

5.Considering the circumstances, the petitioner is at liberty to surrender before the learned II Additional District and Sessions 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 II Additional District and Sessions Judge (PCR Court), Tirunelveli, 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.

6.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 II Additional District and Sessions Judge (PCR Court), Tirunelveli, is required to hear both sides on merits and dispose of the same as per law.

Index : Yes/No 02.08.2023 Internet : Yes/No ssb Note: Issue order copy on 04.08.2023 3/5

To 1.The learned II Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

3.The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

DR.D.NAGARJUN. J.

ssb 02.08.2023 5/5