Madras High CourtCRL OP(MD)/12552/2016disposed of

R.Sivakumar v. The Inspector Ofpolice

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.12552 of 2016 1.R.Sivakumar 2.Nanthakumar ... Petitioners/A1 & A3 -VsThe Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.149 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned I-Additional District Judge (PCR), Trichy District to consider the bail application on their surrender on the same day, if any petition filed by the petitioner in crime No.149 of 2016 on the file of the respondent. For Petitioner : Mr.M.Subash Babu 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 IAdditional District Judge (PCR), Trichy, to consider the bail application of the petitioners on the same day of their surrender in Crime No.149 of 2016.

2.The sum and substance of the complaint is that on 08.07.2016 the petitioners along with other accused abused the defacto complainant's mother in filthy language and also by her caste name and when it was questioned by the defacto complainant, the petitioners attacked the defacto complainant with deadly weapons. The said complaint has been registered in Crime No.149 of 2016 for the alleged offences under Sections 294(b), 324 IPC r/w Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015.

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 respondent would submit that the injured has been discharged from the hospital and that the major part of the investigation over. https://hcservices.ecourts.gov.in/hcservices/

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.149 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(CS-I) /True Copy/ Sub Assistant Registrar.

To:

1. The I-Additional District Judge (PCR), Trichy.

2.The Inspector of Police, Kattuputhur Police Station, Trichy District.

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

+1CC to M/S.M.Subash Babu, Advocate, SR.No. 39191 Crl.O.P.(MD) No.12552 of 2016 22.07.2016 gcg AM/SK.SKN/SAR-I/25.07.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/