Madras High CourtCRL OP(MD)/15034/2023disposed of

Elancheliyan v. The Deputy Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun5 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.15034 of 2023 1.Elancheliyan 2.Selvam 3.Durairaj 4.Ilaiyaraja 5.Kannaayyan @ Kannaiyan 6.Ayyar @ Chandhirasekar ... Petitioners Vs.

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

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

(Crime No.514 of 2023) 3.Pichai Shanmugam .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.514 of 2023, dated 10.07.2023.

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For Petitioners : Mr.D.Rameshkumar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.514 of 2023, dated 10.07.2023.

2. It is submitted by the learned counsel that the petitioners are accused Nos.1 to 6 in Crime No.514 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 294 (b) and 352 of IPC r/w 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the petitioners submit that they intend to surrender before the learned I Additional District and Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.514 of 2023 on the file of the second respondent. 2/5

3. Learned Government Advocate (Criminal Side) submits that there is no previous criminal history. He further submits that no one has suffered injuries.

4. Considering the circumstances, the petitioners are at liberty to surrender before the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, 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 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 I Additional 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.

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

Index : Yes/No 29.08.2023 Internet : Yes/No tsg To 1.The Additional District and Sessions Judge (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

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

(Crime No.514 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN. J.

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