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Madras High CourtCRL OP(MD)/15048/2023disposed of

C.Karthikeyan v. The Deputy Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15048 of 2023 C.Karthikeyan ... Petitioner / Accused Vs.

1.The Deputy Superintendent of Police, Pudukkottai.

2.The Inspector of Police, Pudukkottai Town, Pudukkottai.

3.M.Pushbarani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special District and Sessions Judge, for PCR Cases, Pudukkotttai, to consider the bail application of the petitioner / accused on the same day in connection with Crime No.351 of 2023 on the file of the respondent Police when in arise in accordance with law. For Petitioner : Mr.R.Sevugaraja For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the learned Special District and Sessions Judge, for PCR Cases, Pudukkotttai, to consider the bail application of the petitioner / accused on the same day in connection with Crime No.351 of 2023 on the file of the respondent Police.

2. It is submitted by the learned counsel for the petitioner that the petitioner is an Accused in Crime No.351 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294(b) of IPC r/w Sections 3 (1) (r), 3 (1) (s) and 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the petitioner submits that he intends to surrender before the learned Special District and Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.351 of 2023 on the file of the second respondent.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that, no one has suffered injuries and he further submits that the petitioner is having one previous case, which is not similar in nature.

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4. Considering the circumstances, the petitioner is at liberty to surrender before the learned Special District and Sessions Judge, for PCR Cases, Pudukkotttai, 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 Special District and Sessions 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 Special District and Sessions Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

6. Accordingly, the Criminal Original Petition stands allowed.

29.08.2023 Ncc : Yes /No Index : Yes/No Internet : Yes/No tsg Note : Issue Order Copy by 31.08.2023 3/4

DR.D.NAGARJUN. J.

tsg To 1.The Special District and Sessions Judge, for PCR Cases, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai.

3.The Inspector of Police, Pudukkottai Town, Pudukkottai.

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

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