Madras High CourtCRL OP(MD)/17118/2023disposed of

Ramesh v. The Deputy Superintendent Of Police

2023-09-25Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Ramesh 2.Manikandan 3.Rajesh 4.Marimuthu 5.Thenraj 6.Vairamuthu 7.Vijayakumar 8.Sathish @ Sathish Kumar ... Petitioners Vs 1.The Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

2.The Inspector of Police Pavoorchatram Police Station, Tenkasi District.

(Crime No. 319/2023) 3 Manoj .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned II Additional Sessions Judge and Special Judge for Prevention of SC and ST Atrocities Act (PCR), Tirunelveli, to consider the bail application on the same day of surrender of the petitioners in Crime No.319 of 2023 on the file of the second respondent police. 1/4

For Petitioners : Mr.S.Sivakumar For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition is filed seeking to direct the learned II Additional Sessions Judge and Special Judge for Prevention of SC and ST Atrocities Act (PCR), Tirunelveli, to consider the bail application on the same day of surrender of the petitioners in Crime No.319 of 2023 on the file of the second respondent police.

2. It is submitted by the learned counsel for the petitioners that the petitioners are Accused Nos.1 to 8 in Crime No.319 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 294(b), 323 and 506 (i) IPC r/w Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the SC / ST POA Act, 1989 and the petitioners submit that they intend to surrender before the learned Special Judge and sought for a direction to dispose of the bail applications on the very same day in Crime No.319 of 2023 on the file of the second respondent.

3. Learned Government Advocate (Criminal Side) on the other hand submits that the injured discharged from the Hospital on 14.09.2023. 2/4

4. Considering the circumstances, the petitioners are at liberty to surrender before the learned II Additional Sessions Judge and Special Judge for Prevention of SC and ST Atrocities Act (PCR), Tirunelveli, within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail applications, the learned Additional Sessions Judge and 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 applications possibly on the very same day, it does not mean that the bail applications shall be allowed. The learned Additional Sessions Judge and Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

6. Accordingly, this Criminal Original Petition stands disposed of. 25.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The II Additional Sessions Judge and Special Judge, Prevention of SC /ST Atrocities Act (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

3.The Inspector of Police Pavoorchatram Police Station, Tenkasi District.

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

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