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Madras High CourtCRL OP(MD)/16636/2023disposed of

Krishnaveni v. The Deputy Superintendent Of Police

2023-09-19Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Krishnaveni ... Petitioner vs.

1.The Deputy Superintendent of Police, Sattur Division, Virudhunagar District.

2.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

3.Nagalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge for PCR Cases, Srivilliputtur, Virudhunagar District, to consider the petitioner bail application on the day of her surrender in Crime No.320 of 2023 pending on the file of the second respondent.

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For Petitioner : Mr.C.M.Arumugam For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed seeking for a direction to the learned Special Judge for PCR Cases, Srivilliputtur, Virudhunagar District, to consider the bail application filed by the petitioner on the same day of surrender in Crime No.320 of 2023 on the file of the second respondent Police.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the accused No.2 in Crime No.320 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 354, 323, 506(i) and 109 of Indian Penal Code and 3 (1) (W)(1) and 3(2)(va) of Schedule Caste and the Schedule Tribes (Prevention of Atrocities Amendment Act, 2015) and the petitioner submits 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.320 of 2023 on the file of the second respondent.

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3. Learned Government Advocate (Criminal Side) on the other hand submits that no previous case is pending against the petitioner.

4. Considering the circumstances, the petitioner is at liberty to surrender before the learned Special Judge for PCR Cases, Srivilliputtur, Virudhunagar District, 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 possibly on the very same day, it does not mean that the bail application shall be allowed. The learned Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

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

19.09.2023 Speaking/Non-speaking Order NCC : Yes / No Index : Yes / No ssb To

1. The Special Judge for PCR Cases, Srivilliputtur, Virudhunagar District. 2.The Deputy Superintendent of Police, Sattur Division, Virudhunagar District.

3.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

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DR.D.NAGARJUN, J.

ssb 19.09.2023 5/5