Madras High CourtCRL OP(MD)/10883/2016disposed of

Ganesan v. The Assistant Superintendent

2016-07-04Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.10883 of 2016 Ganesan ... Petitioner/A2 -vs1.The Assistant Superintendent of Police (Rural), Madurai District, Madurai.

2.State rep. by the the Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.166/2016) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge, (PCR Court), Madurai, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.166 of 2016, dated 22.04.2016. For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed seeking a direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.166 of 2016. 2.The sum and substance of the complaint is that due to previous motive, the petitioner along with other accused abused the defacto complainant in filthy language and also by his caste name and attacked the defacto complainant with stick. The said complaint has been registered in Crime No.166 of 2016 for the alleged offences under Sections 147, 323, 324 IPC r/w 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015. 3.The Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the case due to previous motive and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the injured has been discharged from the hospital; the weapon used is only stick; and the major part of the investigation is over.

5.Having regard to the facts and circumstances of the case, the petitioner is 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 petitioner in Crime No.166 of 2016 and consider bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is disposed of accordingly. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To:

1.The III Additional District and Sessions Judge, (PCR Court), Madurai, 2.The Assistant Superintendent of Police (Rural), Madurai District, Madurai.

3.The Inspector of Police, Silaiman Police Station, Madurai District.

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

+1CC to M/S. S.Mahendrapathy, Advocate, SR.No. 34809 Crl.O.P.(MD) No.10883 of 2016 04.07.2016 gcg AM/NGM.SK/SAR-II/06.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/