Madras High CourtCRL OP(MD)/11316/2016disposed of

Dinesh v. The Inspector Of Police

2016-07-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.11316 of 2016 1.Dinesh 2.Dhanabalan 3.Muthumurugesan ... Petitioners/Accused Nos.1 to 3 -vsThe State rep. by the the Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.210/2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to give permission to the petitioners to surrender before the learned III Additional District and Sessions Judge, (PCR Court), Madurai, in connection with Crime No.210 of 2016 on the file of the respondent Police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.A.P.Balasubramani 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 accept the surrender of the petitioners in connection with Crime No.210 of 2016 and consider their bail application on the same day of their surrender.

2.The sum and substance of the complaint is that on 01.07.2016 when the defacto complainant was standing in front of the auto stand, the petitioners started the quarrel with the defacto complainant and abused the defacto complainant in filthy language and also by his caste name, and attacked the defacto complainant with hands. The said complaint has been registered in Crime No.210 of 2016 for the alleged offences under Sections 341, 342, 294(b), 323, 324 and 506(ii) IPC and 3 (2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015.

3.The Learned counsel for the petitioner would submit that the petitioners have 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 petitioners cannot move any anticipatory bail application and therefore, the petitioners have 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 and that the major part of the investigation is over. 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 application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.210 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender. 6.This Criminal Original Petition is disposed of accordingly. Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To:

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

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

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

+1cc to M/S.M.Jegadeesh Pandian, Advocate in SR.No.36049 Crl.O.P.(MD) No.11316 of 2016 12.07.2016 gcg PA/NGM-MP/SAR II/13.07.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/