Madras High CourtCRL OP(MD)/10017/2016disposed of

M. Karthick v. The Inspector Of Police

2016-06-29Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) Nos.10017, 10022, 10050 and 10081 of 2016 1.M.Karthick 2.M.Ranjith 3.N.Anand @ Anandkumar 4.P.Prabhu @ Prabakaran 5.J.Jayabalan 6.D.Palpandi ... Petitioners in Crl.O.P.(MD).No.10017/2016/ A1, A4, A5, A6, A10 & A21 1.Santhosh 2.Sasikumar ... Petitioners in Crl.O.P.(MD).No.10022/2016/ A13 & A18 Pasumpon ... Petitioner in Crl.O.P.(MD).No.10050/2016/A19 1.P.Karuppuchamy 2.B.Prakash ... Petitioners in Crl.O.P.(MD).No.10081/2016/ A11 & A20 -vsState rep. by the Inspector of Police, Solavanthan Police Station, Madurai District.

(Crime No.224/2016) ... Respondent in all the petitions /Complainant Common Prayer : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned IIIAdditional District and Sessions Judge (PCR), Madurai, Madurai District to accept the surrender of these petitioners and consider their bail application on the same day in connection with Crime No.224 of 2016 pending investigation on the file of the respondent Police. For Petitioners in Crl.O.P.(MD).No.10017/2016 & Crl.O.P.(MD).No.10081/2016 : Mr.P.Thambidurai For Petitioners in Crl.O.P.(MD).No.10022/2016 : Mr.V.Arichandran For Petitioner in Crl.O.P.(MD).No.10050/2016 : Mr.M.Pitchaimuthu

For Respondent in all the petitions : Mr.A.P.Balasubramani, Govt. Advocate (Crl.Side) ***** COMMON ORDER These petitions have been filed seeking a direction to the learned III-Additional District and Sessions Judge (PCR), Madurai, to accept the surrender of the petitioners in connection with Crime No.224 of 2016 and consider their bail applications on the same day. 2.The occurrence is stated to have been taken place on 14.06.2016 on which date when the complainant's mother was carrying "Theechatti", there had been a wordy quarrel between two groups, in which the defacto complainant's mother sustained injury. The said complaint has been registered in Crime No.224 of 2016 for the alleged offences under Sections 147, 148, 336 and 506(ii) IPC r/w 3(2)V(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015.

3.The learned Government Advocate (Criminal side) appearing for the respondent would submit that the injured has been discharged from the hospital and the co-accused has already been released on bail. 4.It is brought to the notice of the Court that there are too many cases pending against the accused by name P.Prabhu @ Prabakaran, J.Jayabalan, D.Palpandi (petitioner Nos.4, 5 and 6 in Crl.O.P.(MD). Nos.10017 of 2016) and B.Prakash (Petitioner No.2 in Crl.O.P.(MD). No.10081 of 2016) and therefore, stringent conditions must be imposed upon them while ordering the bail applications.

It is not open to this Court to impose any condition because the bail applications are going to be considered by the Sessions Judge and in the event of granting bail, the Sessions Judge may impose appropriate and suitable conditions depending upon the facts and circumstances of the case. 5.Having regard to the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail applications. The Court concerned is directed to accept the surrender of the petitioners in Crime No.224 of 2016 and consider their bail applications and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.These Criminal Original Petitions are disposed of accordingly. Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To:

1. The III-Additional District and Sessions Judge (PCR), Madurai.

2. The Inspector of Police, Solavanthan Police Station, Madurai District.

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

+1CC to M/S. P.Thambidurai, Advocate, SR.No. 33982 +2CC to M/S. V.Arichandran, Advocate, SR.No. 33940, 34292 Crl.O.P.(MD) Nos.10017, 10022, 10050 and 10081 of 2016 29.06.2016 gcg AM/GSV.PM/SAR-II/30.06.2016/3P/7C