Ranjithkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.15989 of 2023 Ranjithkumar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Samayanallur Sub Division, Vadipatti Police Station, Madurai District.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.302 of 2023) 3.Muthupandi 4.Balamurugan 5.Poothumani .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District Judge for PCR Act Cases, Madurai, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.302 of 2023 on the file of the second respondent.

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For Petitioner : Mr.C.Susi Kumar For R1 and R2 : Mr.SS.Madhavan 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 III Additional District Judge for PCR Act Cases, Madurai, to consider the petitioner's bail application on the date of his surrender in connection with Crime No.302 of 2023 on the file of the second respondent Police.

2. It is submitted by the learned counsel that the petitioner is Accused No.3 in Crime No.302 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 294 (b), 323, 324 of I.P.C., 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 the petitioner submits that he intends to surrender before the learned III Additional District Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.302 of 2023 on the file of the second respondent.

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3. Learned Government Advocate (Criminal Side) submits that there are four previous cases pending against the petitioner.

4. Considering the circumstances, the petitioner is at liberty to surrender before the III Additional District Judge for PCR Act Cases, Madurai, within a period of 15 days from the date of receipt of a copy of this order. If the petitioner surrenders and files bail application, the learned III Additional District 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 III Additional District Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law. Learned trial Judge also, at the time of passing of the order, shall consider the antecedents of the petitioner pending before the various Court. 3/5

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

Index : Yes/No 04.09.2023 Internet : Yes/No tsg To 1.The III Additional District Judge for PCR Cases, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Sub Division, Vadipatti Police Station, Madurai District.

3.The Inspector of Police, Vadipatti Police Station, Madurai District.

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

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K.K.RAMAKRISHNAN. J.

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