Madras High CourtCRL OP(MD)/14496/2023allowed

Pandi v. The Superintendent Of Police

2023-08-24Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14496 of 2023 1.Pandi 2.Balamurugan 3.Etturaj ... Petitioners Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Pudur Police Station, Thoothukudi District.

Crime No.34 of 2023.

3.Praveen ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioners before the learned Additional District and Sessions Court for the Exclusive Trial of P.C.R. Act Cases, Thoothukudi, in connection with Crime No.34 of 2023 on the file of the second respondent Police and to consider the bail application filed by the petitioners on the same day.

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For Petitioners : Mr.K.K.Samy For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed seeking for a direction to the learned Additional District and Sessions Court for the Exclusive Trial of P.C.R Act Cases, Thoothukudi, to consider the bail application of the petitioners on the same day on merits in Crime No.34 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 one of the accused in Crime No.34 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 148, 294(b), 323, 324 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

3.The petitioners submit that they intend to surrender before the learned Additional District and Sessions Court for the Exclusive Trial of 2/5

P.C.R Act Cases, Thoothukudi, and sought for a direction to dispose of the bail application on the very same day in Crime No.34 of 2023 on the file of the second respondent.

4.The learned Government Advocate (criminal side) appearing for the official respondents submits that the injured has been discharged from the hospital.

5.Considering the circumstances, the petitioners are at liberty to surrender before the learned Additional District and Sessions Court for the Exclusive Trial of P.C.R Act Cases, Thoothukudi, 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 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.

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, it does not mean that the bail application shall be allowed. The learned Special Judge is required to hear both sides on merits and dispose 3/5

of the same as per law.

7. With the above directions, this Criminal Original Petition is disposed of.

Index : Yes/No 24.08.2023 Internet : Yes/No ssb To 1.The learned Additional District and Sessions Court for the Exclusive Trial of P.C.R. Act Cases, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Pudur Police Station, Thoothukudi District.

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

DR.D.NAGARJUN. J.

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