Madras High CourtCRL OP(MD)/16294/2023disposed of

Indhumathi v. The Assistant Commissioner Of Police

2023-09-13Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16294 of 2023 Indhumathi ... Petitioner Vs.

1.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli City, Tirunelveli District.

(in Cr.No.593 of 2023) 3.Ramya ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Cr.No.593 of 2023 dated 29.08.2023.

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For Petitioner :M/s.M.Nandhini Priyadharshini 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 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli, to consider the bail application of the petitioner on the same day on merits in Crime No.593 of 2023 on the file of the respondent No.2 police. 2.It is submitted by the learned counsel appearing for the petitioner that the petitioner is the accused No.3 in Crime No.593 of 2023 on the file of the respondent No.2 police, which was registered for the offences under Sections 294(b), 323 and 506(2) IPC and Section 3(1)(s), 3(1)(e), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, and that she intends 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.593 of 2023 on the file of the respondent No.2 police.

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3.Learned Government Advocate (Criminal Side) on the other hand submits that the petitioner is having no previous case and there is no hospitalization. 4.Considering the circumstances, the petitioner is at liberty to surrender before the learned 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli, 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 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 13.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The 2nd Additional District and Sessions Judge (PCR), Tirunelveli. 2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

3.The Inspector of Police, Melapalayam Police Station, Tirunelveli City, 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.16294 of 2023 13.09.2023 5/5