Madras High CourtCRL OP(MD)/13851/2016disposed of

Mariraj, v. The Inspector Of Police,

2016-08-10Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.13851 of 2016 1.Mariraj 2.Nagarajan ... Petitioners/A1 and A2 -VsState rep. by the Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

(Crime No.137 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned II-Additional Sessions Judge (PCR Court), Tirunelveli, Tirunelveli District to consider the petitioners bail application on the date of surrender on the same day in Crime No.137 of 2016 on the file of the Vasudevanallur Police Station, Tirunelveli District.

For Petitioners : Mr.K.Prabhu 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 II Additional Sessions Judge (PCR Court), Tirunelveli, Tirunelveli District, to consider the bail application of the petitioners on the same day of their surrender in Crime No.137 of 2016. 2.The sum and substance of the complaint is that due to nonattending the special class by the defacto complainant, who is studying 2nd year Diploma in a Polytechnic College, the petitioners, who are teachers, attacked him with hands and abused him in filthy language and also by his caste name. The said complaint has been registered in Crime No.137 of 2016 for the alleged offences under Sections 294(b) and 323 IPC and Section 3(1)(r), 3(1)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.

Learned counsel for the petitioners would submit that the dispute is between the teachers and student; the petitioners are teachers; there cannot be any intention for a teacher to abuse the student; if at all, the intention could be only to exercise the disciplinary jurisdiction; the petitioners have been falsely implicated in the case due to 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.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured was not admitted on the same day, but he was admitted in the hospital only on 31.07.2016 and that the major part of the investigation over.

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.137 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(T&P) /TRUE COPY/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

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

+1cc to M/S.K.Prabhu, Advocate in SR.No.43303 Crl.O.P.(MD) No.13851 of 2016 10.08.2016 gcg PA/GSV-PM/SAR I/12.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/