Muneeswaran v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Muneeswaran 2.Arulkumar
...Petitioners
Vs.
1.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
2.The State rep.by The Inspector of Police, Rajapalayam South Police Station, Virudhuangar District.
In Crime No.318/2023.
3.Ramkumar
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal and District Sessions Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Srivilliputhur at Virudhunagar District, to accept the surrender of the petitioners and consider their bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.318 of 2023 registered on 07.08.2023 on the file of the second respondent police. 1/5
For Petitioners : Mr.N.Balasubramanian For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the learned Principal and District Sessions Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Srivilliputhur at Virudhunagar District, to consider the petitioners' bail application on the date of their surrender in connection with Crime No.318 of 2023 on the file of the second respondent Police.
2. It is submitted by the learned counsel that the petitioners are accused in Crime No.318 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 294(b) and 324 of IPC r/w Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 and the petitioners submit that they intend to surrender before the learned Principal and District Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.318 of 2023 on the file of the second respondent.
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3. Learned Government Advocate (Criminal Side) submits that the injured discharged from the hospital on 16.08.2023. He further submits that there is no previous criminal history.
4. Considering the circumstances, the petitioners are at liberty to surrender before the learned Principal and District Sessions Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Srivilliputhur at Virudhunagar 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 Principal and District 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 Principal and District 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.
Speaking : Yes / No 31.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg To 1.The Principal and District Sessions Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Srivilliputhur, Virudhunagar District 2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
3.The Inspector of Police, Rajapalayam South Police Station, Virudhuangar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN. J.
tsg Crl.O.P.(MD)No.15426 of 2023 31.08.2023 5/5