Manivannan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15322 of 2023 1.Manivannan 2.Balu 3.Udhayakumar 4.Stalin @ Joseph Stalin ... Petitioners Vs.

1.The Deputy Superintendent of Police, Pattukkkottai, Thanjavur District.

2.State represented by the Inspector of Police, Mudukkur Police Station, Thanjavur District.

(Crime No.163 of 2023) 3.Elangovan .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District Court / PCR, Thanjavur, Thanjavur District, to accept the surrender of the petitioners along with bail application in Crime No.163 of 2023 on the file of the second respondent Police herein and to consider and dispose of the bail application on the very same day on merits.

For Petitioners : Mr.T.Sekar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the I Additional District Court / PCR, Thanjavur, Thanjavur District, to accept the surrender of the petitioners along with bail application in Crime No.163 of 2023 on the file of the second respondent Police herein and to consider and dispose of the bail application on the very same day.

2. It is submitted by the learned counsel that the petitioners are accused Nos.1, 3, 4 and 5 in Crime No.163 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294 (b), 342, 352, 323, 324 and 506 (2) of IPC r/w 3 (1) (r), 3

(1) (s) and 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the petitioners submit that they intend to surrender before the learned I Additional District Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.163 of 2023 on the file of the second respondent.

3. Learned Government Advocate (Criminal Side) submits that there is no previous criminal history. He further submits that the injured discharged from the hospital on 21.07.2023. 2/4

4. Considering the circumstances, the petitioners are at liberty to surrender before the learned I Additional District Court / PCR, Thanjavur, Thanjavur District, within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail application, the learned I Additional District 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 I Additional District Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

6. With the above direction, the Criminal Original Petition is disposed of.

Index : Yes/No 28.08.2023 Internet : Yes/No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The I Additional District Court / PCR, Thanjavur, Thanjavur District 2.The Deputy Superintendent of Police, Pattukkkottai, Thanjavur District.

3.The Inspector of Police, Mudukkur Police Station, Thanjavur District.

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

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