Madras High CourtCRL OP(MD)/12760/2016disposed of

M.Karthick v. The Deputy Superintendent Of

2016-07-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.12760 of 2016 M.Karthik ... Petitioner/Sole Accused -Vs1. The Deputy Superintendent of Police, Erwadi, Tirunelveli District.

2. State through the Inspector of Police, Erwadi Police Station, (Crime No.110 of 2016) Tirunelveli District, Tirunelveli.

... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned IIndAdditional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to Crime No.110 of 2016 on the file of the 2nd respondent Police. For Petitioner : Mr.D.Saravanan For Respondents : Mr.P.Kandasamy, Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned II-Additional District and Sessions Judge (PCR), Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender in Crime No.110 of 2016. 2.The sum and substance of the complaint is that due to previous motive, the petitioner abused the defacto complainant in filthy language and also by his caste name, and attacked him with fire wood. The said complaint has been registered in Crime No.110 of 2016 for the alleged offences under Sections 294(b), 324 IPC and 3(1)(r), 3(1)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2014. https://hcservices.ecourts.gov.in/hcservices/

3.Learned counsel for the petitioners would submit 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 bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.110 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 (Records) /True Copy/ Sub Assistant Registrar (CS) To:

1. The II-Additional District and Sessions Judge (PCR), Tirunelveli.

2. The Deputy Superintendent of Police, Erwadi, Tirunelveli District.

3. The Inspector of Police, Erwadi Police Station, Tirunelveli District, Tirunelveli.

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

+1cc to Mr.D.Saravanan, Advocate, Sr.No.39815 gcg JM/SK-SKN/SAR-I/27.07.2016/2P-6C Crl.O.P.(MD) No.12760 of 2016 26.07.2016 https://hcservices.ecourts.gov.in/hcservices/