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Madras High CourtCRL OP(MD)/10039/2016disposed of

Muthupandi v. The Sub Inspector Of Police

2016-07-20Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.10039 of 2016 1.Muthupandi 2.Anbarasu 3.Ayyampillai 4.Anbu 5.Anbu 6.Vinesh @ Vignesh 7.Arun 8.Samy 9.Guna 10.Annakalanjiyam 11.Mahendran 12.Prasath 13.Deivendran 14.Murugan .. Petitioners/A4 to 6, 8 to 18 Vs.

State rep. by the Sub Inspector of Police, Melur Police Station, Madurai District.

(Crime No.584 of 2016) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the III Additional Sessions Judge (P.C.R Cases) Madurai District to consider the bail application of the Petitioners on the same day of their surrender in Crime No.584 of 2016 on the file of the respondent police. For Petitioners : Mr.R.Manickaraj For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the III Additional Sessions Judge (P.C.R Cases) Madurai District to

consider the bail application of the petitioners on the same day of their surrender in Crime No.584 of 2016.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent. 3.The sum and substance of the complaint against the petitioners is that on 18.06.2016, at about 04.00 pm, there is a dispute between the petitioners and defacto complainant with regard to flag hoisting and due to that the petitioners have assaulted the defacto complainant by using deadly weapons and caused injuries. The said complaint has been registered in Crime No.584 of 2016 for the alleged offences under Sections 147, 148, 294(b), 323, 324, and 506(ii) IPC r/w 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2015.

4.The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in the present case and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

5.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has already been discharged from the hospital and major portion of investigation is over.

6.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 a bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.584 of 2016 and consider their bail application and dispose of the same on merits and in accordance with law, on the same day of their surrender.

7.With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar

mj To 1.The III Additional Sessions Judge (P.C.R Cases) Madurai District 2.The Sub Inspector of Police, Melur Police Station, Madurai District.

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

+1CC to Mr.R.Manickaraj, Advocate Sr.No.38272 GJM/SK/SKN/SAR-I-25.7.16-3p-5c Crl.O.P(MD)No.10039 of 2016 20.07.2016