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Madras High CourtCRL OP(MD)/16526/2023disposed of

Sonaimeen @ Meena v. The Deputy Superintendent Of Police

2023-09-15Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Sonaimeena @ Meena 2.Pothumponnu

...Petitioners / Accused Nos.1 & 2

Vs.

1.The State rep. by The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

(Crime No.397 of 2023) ... Respondents 1 & 2 / Complainants 3.Karthigaiselvi ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai to consider and pass orders on the bail application to be filed by the petitioners in connection with Crime No.397 of 2023 pending on the file of the 2nd respondent on the same day.

For Petitioners : Mr.S.Pandiyaraj For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

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 and Sessions Judge (PCR Court), Madurai to consider the petitioners' bail application on the date of their surrender in connection with Crime No.397 of 2023 on the file of the 2nd respondent Police.

2.It is submitted by the learned counsel for the petitioners that the petitioners are Accused Nos.1 and 2 in Crime No.397 of 2023 on the file of the 2nd respondent police, which was registered for the offences under Sections 294(b), 341, 323 and 506(1) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. He further submitted that the petitioners intend to surrender before the learned III Additional District and Sessions Judge (PCR Court), Madurai and hence, seek for a direction to dispose of the bail application on the very same day in Crime No.397 of 2023 on the file of the 2nd respondent Police.

3.The learned Government Advocate (Crl.Side) for the respondents submitted that the petitioners have no previous case. 2/4

4.Considering the facts and circumstances, the petitioners are at liberty to surrender before the learned III Additional District and Sessions Judge (PCR Court), Madurai, 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 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 and Sessions Judge (PCR Court), Madurai is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law. 6.With the above direction, the Criminal Original Petition is disposed of.

15.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva 3/4

DR.D.NAGARJUN. J.

Yuva To 1.The III Additional District and Sessions Judge (PCR Court), Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

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

Crl.O.P.(MD)No.16526 of 2023 15.09.2023 4/4