Parthiban v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Parthiban 2.Saravanan 3.Sanjai 4.Manikandan 5.Karthick ... Petitioners Vs.

1.The Assistant Commissioner of Police, Thillai Nagar, Trichy City.

2.The Inspector of Police, Woraiyur Police Station, Trichy City.

(Cr.No.913 of 2023) 3.Mahendran ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, direct the learned I Additional District and Sessions Judge (Special Court for PCR Cases), Trichy to consider the petitioners' application on the same day of their 1/5

surrender in Cr.No.913 of 2023 on the file of the Woraiyur Police Station, Trichy City.

For Petitioner :Mr.T.Lenin Kumar For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the learned I Additional District and Sessions Judge (Special Court for PCR Cases), Trichy, to consider the bail application of the petitioners on the same day on merits in Crime No.913 of 2023 on the file of the respondent No.2 police.

2.It is submitted by the learned counsel appearing for the petitioners that the petitioners are the accused in Crime No.913 of 2023 on the file of the respondent No.2 police, which was registered for the offences under Section 143 IPC, Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, and Sections 3(1)(s), 3(1)(u) and 3(1)(x) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 and that they intend to surrender before the learned Special Judge and sought for a direction to dispose of the bail 2/5

application on the very same day in Crime No.913 of 2023 on the file of the respondent No.2 police.

3.Learned Government Advocate (Criminal Side) on the other hand submits that the petitioners are having no previous case. 4.Considering the circumstances, the petitioners are at liberty to surrender before the learned I Additional District and Sessions Judge (Special Court for PCR Cases), Trichy, 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 Special 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 as expeditiously as possibly on the very same day does not mean that the bail application shall be allowed. The learned Special Judge is required to hear both sides on merits and dispose of the same as per law. 3/5

6.This Petition is disposed of, accordingly.

Speaking : Yes / No 01.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The I Additional District and Sessions Judge (Special Court for PCR Cases), Trichy.

2.The Assistant Commissioner of Police, Thillai Nagar, Trichy City.

3.The Inspector of Police, Woraiyur Police Station, Trichy City.

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.15499 of 2023 01.09.2023 5/5