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Madras High CourtCRL OP(MD)/12559/2016disposed of

Muthupandi v. The Inspector Of Police

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.12559 of 2016 Muthupandi ... Petitioner -VsState rep. by the The Inspector of Police, Usilampatti Town Police Station, Madurai.

(Crime No.247 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR), Madurai to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.247 of 2016 pending investigation on the file of the respondents.

For Petitioner : Mr.P.Ammavasai 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), Madurai, to consider the bail application of the petitioner on the same day of his surrender in Crime No.247 of 2016.

2.The sum and substance of the complaint is that due to previous motive, the petitioner, along with other accused, abused the defacto complainant in filthy language and by his caste name, and also assaulted him by hands. The said complaint has been registered in Crime No.247 of 2016 for the alleged offences under Sections 147, 294(b), 323, 452, 341, 506(i) IPC, 3(1) of TNPPDL Act and 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.

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

bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.247 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-I) /TRUE COPY/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Usilampatti Town Police Station, Madurai.

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

+1cc to M/S.P.Ammavasai, Advocate in SR.No.38830 Crl.O.P.(MD) No.12559 of 2016 22.07.2016 gcg PA/SK-SKN/SAR I/25.07.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/