R. Raj Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6194 of 2018 1 R. RAJ KUMAR 2 EZHIL @ EZHILARASAN 3 RAGHU @ RAGHURAMAN 4 R. POOBALAN ... PETITIONERS/ACCUSED Nos.1,3,5 & 6 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT IN CRIME NO.330 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.M.MICHAEL BHARATHI Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 294(b), 323 of IPC, 3(i)(r) and 3(i)(s) and 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Artocities) Amendment Ordinance, 2014 in Crime No.330 of 2016, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.Even though as per the decision of the Hon'ble Supreme Court, this Court is entitled to grant anticipatory bail, in the facts and circumstance of this case, this Court is of the view that substantial justice can be rendered to the petitioners by directing them to surrender before the jurisdictional Special Court. 4.The learned counsel appearing for the petitioners pointed out that due to some extraordinary reasons, a direction given by this Court at an earlier occasion could not be complied with. This Court condones the non-compliance of the direction issued by this Court https://hcservices.ecourts.gov.in/hcservices/

earlier. The petitioners have already been charge sheeted and they are also appearing before the Special Court after receiving summons. In view of the same, the Special Court shall accept the sureties from the petitioners and grant them bail on the same day of surrender.

5.With this direction, this Criminal Original Petition is disposed of accordingly.

sd/- 17/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR), THANJAVUR 2 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.SASI KUMAR Advocate SR.No.6334

ORDER

IN CRL OP(MD) No.6194 of 2018 Date :17/04/2018 SMA/PMI/GSR/20.04.2018:2P/5C https://hcservices.ecourts.gov.in/hcservices/