Madras High CourtCRL OP(MD)/16370/2023disposed of

Sengodan v. The Deputy Superintendent Of Police

2023-09-14Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16370 of 2023

1. Sengodan

2. Rajesh

3. Rajavel @ Rajavelu ... Petitioners Vs.

1. State represented by its The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Thathaiyangarpet Police Station, Trichy District, (In Crime No. 181 of 2023)

3. Chandrasekar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st Additional District Judge (PCR), Trichy to consider the bail application of the Petitioners on the same day of their surrender before that Court in connection with Crime No. 181 of 2023 on the file of the 2nd Respondent. 1/5

For Petitioners :Mr.Arunraj. K For R1 and R2 :Mr.Thanga Aravindh. B 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 1st Additional District Judge (PCR), Trichy, to consider the bail application of the petitioners on the same day on merits in Crime No.181 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 Nos.1 to 3 in Crime No.181 of 2023 on the file of the respondent No.2 police, which was registered for the offences under Sections 294(b), 323 and 427 IPC and Sections 3(1)(r), 3(1)(s) 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.181 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 there is no hospitalization. 4.Considering the circumstances, the petitioners are at liberty to surrender before the 1st Additional District Judge (PCR), 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. This Petition is disposed of, accordingly.

Speaking : Yes / No 14.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Thathaiyangarpet Police Station, Trichy District, 3.The 1st Additional District Judge (PCR), Trichy 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.16370 of 2023 14.09.2023 5/5