R.Marimuthu v. The Deputy Superintendent of Police

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 and Sessions Judge (PCR) Court, Thanjavur, to consider the bail application to be filed by the petitioners on the same on their surrender in connection with Crime No.331 of 2023 on the file of the second respondent.

¶2It is submitted by the learned counsel that the petitioners are accused in Crime No.331 of 2023 on the file of the second respondent police, initially, which was registered for the offences under Sections 294(b), 323 and 506 (2) of I.P.C. and the same has been altered for the offences under Sections 294(b), 323, 506 (ii), 147, 148, 341, 342 and 365 of I.P.C. r/w Sections 3 (1)( r), 3 (1) (s) and 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and the petitioners submit that they intend to surrender before the learned Additional District and Sessions Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.331 of 2023 on the file of the second respondent.

¶3Learned Government Advocate (Criminal Side) submits that the injured has already been discharged from the hospital.

¶4Considering the circumstances, the petitioner is at liberty to surrender before the learned I Additional District and Sessions Judge

(PCR) Court, Thanjavur, 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 I Additional District and Sessions Judge (PCR) 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.

¶5It 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 and Sessions Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

21.08.2023

NCC : Yes/NO Index : Yes/No Internet : Yes/No tsg DR.D.NAGARJUN. J.

tsg To

1.The Additional District and Sessions Judge,

(PCR) Court, Thanjavur.

2.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Thanjavur District. (Crime No.331 of 2023)

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

21.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14186 of 2023 1.R.Marimuthu 2.M.Anbarasan 3.P.Vignesh 4.Mundhrikottai Baskar @ Baskaran 5.Vinothkumar ... Petitioner / Accused Vs. 1.The Deputy Superintendent of Police, Vallam Division, Thanjavur District. 2.The Inspector of Police, Vallam Police Station, Thanjavur District. (Crime No.331 of 2023) 3.Karuppasamy ...Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur, to consider the bail application to be filed by the petitioners on the same on their surrender in connection with Crime No.331 of 2023 on the file of the second respondent. For Petitioners : Mr.A.Arun Prasad For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)