Madras High CourtCRL OP(MD)/16513/2023disposed of

K.Arunkumar 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.K.Arunkumar 2.S.Prasanth 3.S.Praveen 4.Madhan @ R.Madhankumar 5.G.Kathiravan 6.K.Rajkumar

...Petitioners / Accused Nos.1, 3, 4 to 7

Vs.

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

2.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No.228 of 2023) ... Respondents 1 & 2 / Complainants 3.A.Sivashanmugam ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District Court (PCR), Tiruchirappalli to consider the bail application of the petitioners concerned in Crime No.228 of 2023 on the file of the Inspector of Police, Jeeyapuram Police Station, Trichy District / the 2nd respondent herein and pass orders in accordance with law on the same day on their surrender if any petition filed by the petitioners. 1/4

For Petitioners : Ms.R.Yamuna For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the learned I Additional District Judge (PCR), Tiruchirappalli to consider the petitioners' bail application on the date of their surrender in connection with Crime No.228 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, 3, 4 to 7 in Crime No.228 of 2023 on the file of the 2nd respondent police, which was registered for the offences under Sections 147, 148, 294(b), 323, 324 and 506(2) of 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 SC/ST (Prevention of Atrocities) Act, 1989. She further submitted that the petitioners intend to surrender before the learned I Additional District Judge (PCR), Trichirappalli and hence, seek for a direction to dispose of the bail application on the very same day in Crime No.228 of 2023 on the file of the 2nd respondent Police.

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3.The learned Government Advocate (Crl.Side) for the respondents submitted that the petitioners have no previous case. 4.Considering the facts and circumstances, the petitioners are at liberty to surrender before the learned I Additional District Judge (PCR) Tiruchirappali, 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 I Additional District Judge, Trichirappalli 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 I Additional District Judge (PCR), Tiruchirappalli.

2.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

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

Crl.O.P.(MD)No.16513 of 2023 15.09.2023 4/4