Madras High CourtCRL OP(MD)/17227/2023disposed of

Elavarasan v. The Deputy Superintendent Of Police

2023-09-26Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.17227 of 2023 1.Elavarasan 2.Rengarasu @ Rengaraj 3.Jeganathan 4.Ayyanar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Keeranur, Pudukottai District.

2.The Inspector of Police, Gandharvakottai Police Station, Pudukottai District.

(in Cr.No.421 of 2023) 3.Kumar ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for Schedule Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai to consider the petitioner's bail application on the same day in connection with the case in Cr.No.421 of 2023 on the file of the 2nd Respondent police.

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For Petitioners :Mr.R.Balakrishnan For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (Criminal.side) **** O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the Special Court for Schedule Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai, to consider the bail application of the petitioners on the same day on merits in Crime No.421 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 4 in Crime No.421 of 2023 on the file of the respondent No.2 police, which was registered for the offences under Section 147 and 336 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(za)(C) and 3(2)(va) 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.41 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 petitioners are having no previous case. 4.Considering the circumstances, the petitioners are at liberty to surrender before the Special Court for Schedule Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai, 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 26.09.2023 NCC : Yes / No Internet : Yes / No 3/5

To 1.The Special Court for Schedule Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai.

2.The Deputy Superintendent of Police, Keeranur, Pudukottai District.

3.The Inspector of Police, Gandharvakottai Police Station, Pudukottai 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.17227 of 2023 26.09.2023 5/5