Madras High CourtCRL OP(MD)/13307/2016disposed of

Tiruppathi, v. The Deputy Superintendent Of

2016-07-29Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.13307 of 2016 1.Tiruppathi 2.Pandian .. Petitioners/Accused No.1 to 3 Vs.

State rep by 1.The Deputy Superintendent of Police, Keeranur Circle, Pudukottai District.

2.The Inspector of Police, Keeranur Police Station, Pudukottai District.

.. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to direct the Learned Sessions Judge (Special Court) Pudukkottai District to accept the surrender petition to be filed by the petitioner and also to consider their bail application to be filed by the petitioners on the same day of surrender in Crime No.199 of 2016 on the file of the respondent Police.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.P.Balasubramani, Government Advocate.

(Criminal side)

ORDER

It is an application seeking a direction to the learned Sessions Judge (Special Court) Pudukkottai District to consider the bail application of the petitioners on the same day of their surrender in Crime No.199 of 2016.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondents. 3.The sum and substance of the complaint against the petitioners/A1 & 3 is that on 22.07.2016, at the time of a temple

festival, a dispute has arisen between the petitioners and defacto complainant and due to that on 25.07.2016, the petitioners have attacked the defacto complainant with a stick and abused him by using caste name. The said complaint has been registered in Crime No.199 of 2016 for the alleged offences under Sections 294(b) and 323 IPC r/w 3(i)(r) & (s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2014.

4.It is represented by the learned counsel for the petitioners that the allegations made against the petitioners are false and due to personal animosity, a false complaint has been preferred against them. The learned counsel has also represented 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 the injured has been discharged from the hospital and major portion of investigation is 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.199 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 Sessions Judge (Special Court) Pudukkottai District 2.The Deputy Superintendent of Police, Keeranur Circle, Pudukottai District.

3.The Inspector of Police, Keeranur Police Station, Pudukottai District.

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

+1 CC TO MR.P.GANAPATHI SUBRAMANIAN, Advocate Sr.No.40785 mj SME/NGM-MP/05/08/2016 :3P/6C Crl.O.P.(MD)No.13307 of 2016 29.07.2016