Madras High CourtCRL OP(MD)/12680/2016disposed of

Karthick v. The Inspector Ofpolice

2016-07-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.12680 of 2016 1.Karthick 2.Selvi 3.Kayathiri .. Petitioners/Accused 2 to 4 Vs.

The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai District.

(Crime No.229 of 2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned 3rd Additional Sessions Judge Cum PCR Court, Madurai to consider the bail application filed by the petitioners on the same day in Crime No.229 of 2016. For Petitioners : No appearance For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the learned III Additional Sessions Judge - cum - PCR Court, Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.229 of 2016.

2.No representation for the petitioners. Heard the learned Government Advocate (Crl.side) for the respondent. 3.The sum and substance of the complaint against the petitioners/A2 to A4 is that the defacto complainant has married one Vinoth in the year 2014. As the marriage is an inter-caste marriage, the petitioners have abused the defacto complainant by using caste name. The said complaint has been registered in Crime No.229 of 2016 for the alleged offences under Sections 294(b) and 506(ii) IPC r/w 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. https://hcservices.ecourts.gov.in/hcservices/

4.According to the petitioners, there was only a wordy quarrel between the defacto complainant and the petitioners 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. 5.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that there was only a wordy threat by the petitioners and major part of investigation is already over.

6.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 a bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.229 of 2016 and consider their bail application and dispose of the same on merits and in accordance with law, on the same day of their surrender.

7.With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar To 1.The IIIrd Additional Sessions Judge - cum - PCR Court, Madurai 2.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai District.

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

mj RL/4c/2p/SK/SKN/2/8/2016 Crl.O.P(MD)No.12680 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 25.07.2016