Madras High CourtCRL OP(MD)/10895/2016disposed of

Siva v. The Inspector Of Police

2016-07-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.10895 of 2016 1.Siva 2.Satheesh 3.Karthick .. Petitioners Vs.

State rep. by the Inspector of Police, Thuraiyur Police Station, Trichy District.

(Crime No.161 of 2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st Additional Session Judge, PCR Trichy to consider the bail application of the petitioners on same day of their surrender in connection with Cr.No.161 of 2016 on the file of the respondent.

For Petitioners : Mr.C.K.M.Appaji For Respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the I Additional Session Judge, PCR Trichirapalli to consider the bail application of the petitioners on the same day of their surrender in Crime No.161 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/A1, 2 & 5 is that on 24.06.2016, there is a wordy quarrel between the first petitioner and defacto complainant. On the same day, at about 07.00 pm, the first petitioner came to the place of occurrence along with other accused attacked the defacto complainant with iron rod by abusing caste name. The said complaint has been registered in Crime No.161 of 2016 for the alleged offences under Sections 147, 148, 323, 324 IPC r/w 3(1)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2015.

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4.It is represented by the learned counsel for the petitioners that the petitioners have no connection whatsoever with the alleged offence and only due to personal animosity, the petitioners have been falsely implicated in the case. The learned counsel has also represented 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 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.161 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 (AS) /True Copy/ Sub Assistant Registrar (CS) To 1.The I Additional Session Judge, PCR Trichirapalli 2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

+1cc to M/s.C.K.M.Appaji, Advocate, Sr.No.35423 mj JM/SK-SKN/SAR-III/18.07.2016/2P-5C Crl.O.P(MD)No.10895 of 2016 11.07.2016 https://hcservices.ecourts.gov.in/hcservices/