Madras High CourtCRL OP(MD)/12517/2016disposed of

Pandiarajan v. The State Rep.By

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.12517 of 2016 1.Pandiarajan 2.Suresh 3.Prabu 4.Thanga Pandi 5.M.Maruthu Pandi 6.P.Maruthu Pandi ..Petitioners/A1, A2, A4 to A7 -Vs1.The State rep. by the Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

(Crime No.161 of 2016) ..Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned IIIAdditional District and Sessions Judge (PCR Court), Madurai to consider the bail application on the the same day of their surrender if any filed by the petitioners/Accused Nos.1, 2, 4 to 7 in Crime No.161 of 2016 registered by the 2nd respondent herein. For Petitioner : Mr.R.Gowrishankar 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 III-Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.161 of 2016. 2.The sum and substance of the complaint is that due to wordy quarrel, the petitioners along with other accused abused the defacto complainant in filthy language and also by his caste name. The said complaint has been registered in Crime No.161 of 2016 for the alleged offences under Sections 147, 148, 294(b), 452, 427, 323 and 506(i) IPC r/w Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015. https://hcservices.ecourts.gov.in/hcservices/

3.Learned counsel for the petitioners 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.

4. Learned Government Advocate (Crl. Side) appearing for the respondents would submit that no one sustained injury in this case; there was only a wordy quarrel; and 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.161 of 2016 and consider 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(T&P) /True Copy/ Sub Assistant Registrar(CS) To:

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

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

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

+1cc to M/s.R.Gowrishankar, Advocate in SR.38705 Crl.O.P.(MD) No.12517 of 2016 22.07.2016 gcg PBK/SK-SKN/SAR-I 25/07/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/