S.Loganathan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.S.Loganathan 2.P.Raja 3.S.Baskar 4.P.Mohanraj 5.T.Praveen ... Petitioners Vs.

1.The Deputy Superintendent of Police, Jeeyapuram Circle, Trichy District.

2.State represented by The Inspector of Police, Pulivalam Police Station, Trichy District.

Crime No.93 of 2023 3.Munishwari ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Trichy to consider the petitioners' bail application on the date of 1/5

their surrender in respect of Cr.No.93 of 2023 dated 14.08.2023 on the file of the respondent Police.

For Petitioner :Mr.K.Srinivasaragavan 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 Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Trichy, to consider the bail application of the petitioners on the same day on merits in Crime No.93 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.93 of 2023 on the file of the respondent No.2 police, which was registered for the offences under Section 147 and 323 IPC, Section 4 of Tamil nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 and that they intend to surrender before the learned Special Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.93 of 2023 on the file of the respondent No.2 police. 2/5

3.Learned Government Advocate (Criminal Side) on the other hand submits that the petitioners are having no previous case and the injured has been discharged from the hospital also.

4.Considering the circumstances, the petitioners are at liberty to surrender before the Additional District and Sessions Court for the exclusive trial of PCR Act 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 Additional District and Sessions Judge for the exclusive trial of PCR Act Cases, Trichy. 2.The Deputy Superintendent of Police, Jeeyapuram Circle, Trichy District.

3.The Inspector of Police, Pulivalam Police Station, Trichy 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.15527 of 2023 01.09.2023 5/5