Madras High CourtCRL OP(MD)/12487/2016disposed of

Navaneethakrishnan v. The Deputy Superintendent Of

2016-07-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.12487 of 2016 Navaneethakrishnan ... Petitioner/A7 -vs1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal Sessions Judge cum Special Judge for PCR cases, Sivagangai District to consider the bail application of the petitioner/A7 if any filed by him on his surrender on the same day in Crime No.484 of 2016 on the file of the 2nd respondent Police.

For Petitioner : Mr.R.Srinivasan For Respondents : Mr.A.P.Balasubramani, Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed seeking a direction to the learned Principal Sessions Judge cum Special Judge for PCR cases, Sivagangai District, to consider the bail application of the petitioner on the same day of his surrender in Crime No.484 of 2016. 2.The sum and substance of the complaint is that due to previous motive, the petitioner, along with other accused, trespassed into the house of the defacto complainant and abused him in filthy language and also by his caste name and also attacked him with deadly weapons. The said complaint has been registered in Crime No.484 of 2016 for the alleged offences under Sections 147, 148, 452, 294(b), 324, 427, 307 IPC and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015.

3.Learned counsel for the petitioner submits 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. 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 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.484 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 Principal Sessions Judge cum Special Judge for PCR cases, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+1CC to M/S.R.Srinivasan, Advocate, SR.No. 39074. Crl.O.P.(MD) No.12487 of 2016 22.07.2016 gcg AM/SK.SKN/SAR-II/25.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/