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Madras High CourtCRL OP(MD)/15492/2023dismissed

Selvasurya v. The Assistant Commissioner Of Police

2023-09-01Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Selvasurya ... Petitioner Vs.

1.State through The Assistant Commissioner of Police, Tirunelveli Junction, Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

(Cr.No.431 of 2023) 3.Tamilarasan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, To direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli District to consider the petitioner bail application on the same day of surrender in Crime No.431 of 2023 dated 16.08.2023 on the file of the 2nd respondent Police.

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For Petitioner :Mr.T.Pradeep 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 II Additional District and Sessions Judge (PCR Court), Tirunelveli District to consider the petitioner's bail application on the same day of surrender in Crime No.431 of 2023 dated 16.08.2023 on the file of the 2nd respondent Police.

2.It is submitted by the learned counsel for the petitioner that the petitioner's name was originally not found and he is apprehending that the police will arrest him and since there is no pre-arrest bail under SC/ST Act, the petitioner is seeking for a direction.

3.The learned Government Advocate (Crl.side) by strongly opposing has submitted that there is a case and counter case and there is lot of tension and the police picket still continues in the village and therefore, it is not conducive to consider the request of the petitioner.

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4.Since the police picket still continues in two places, the relief sought for by the petitioner cannot be granted and accordingly, this Petition is dismissed. Speaking : Yes / No 01.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli District. 2.The Assistant Commissioner of Police, Tirunelveli Junction, Tirunelveli District.

3.The Inspector of Police, Pettai Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15492 of 2023 01.09.2023 4/4