Kabilan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16782 of 2022 1.Kabilan 2.Gawaskar

...Petitioners

vs 1.The Deputy Superintend of Police, Papanasam, Thanjavur District.

2.The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Cr.No.1253 of 2022) 3.Kalidasan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned first Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District to accept the surrender of the Petitioners and consider their bail application on the same day on merit relating to Cr.No.1253 of 2022, dated 07.09.2022. For Petitioner :Mr.Sathya Chidambaram For R1 and R2 :Mr.R.Suresh Kumar Government Advocate (Crl.side) For R3 :No Appearance 1/4

O R D E R

This Petition is filed seeking a direction to the learned I Additional District and Sessions Judge (PCR Act), Thanjavur to consider the bail application to be filed by the Petitioners on the same day on their surrender in connection with Cr.No.1253 of 2022, dated 07.09.2022, on the file of the second Respondent. 2.The learned Counsel for the Petitioners submitted that the Petitioners are arrayed as A1 and A2 in Cr.No.1253 of 2022 on the file of the second Respondent. The learned Counsel for the Petitioners seeks a direction from this Court to the learned I Additional District and Sessions Judge (PCR Act), Thanjavur, to consider the bail application to be filed by the Petitioners on surrender before the learned I Additional District and Sessions Judge (PCR Act), Thanjavur, in Cr.No.1253 of 2022 on the file of the second Respondent. 3.The learned Government Advocate (Crl.side) appearing for the Respondents 1 and 2, by way of reply, submitted that the accused, A1 has one previous case and A2 has no previous case and injured has discharged from hospital.

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4.Considering the submissions of the learned Counsel for the Petitioners and the learned Government Advocate (Crl.side), the Petitioners are directed to surrender within a period of 15 days from the date of receipt of a copy of this order or from the date of uploading this order in the website of this Court before the learned I Additional District and Sessions Judge (PCR Act), Thanjavur. On such surrender and on filing of bail application by the Petitioners herein, the learned I Additional District and Sessions Judge (PCR Act), Thanjavur, shall consider the bail application and pass appropriate orders as per law.

5.With the above directions, this Petition is allowed. Index:Yes/No 12.10.2022 cmr To 1.The First Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District.

2.The Deputy Superintend of Police, Papanasam, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.16782 of 2022 12.10.2022 4/4