Madras High CourtCRL OP(MD)/13943/2016disposed of

Sathiya Bagavan, v. The Inspector Of Police,

2016-08-09Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.13943 of 2016 1.Sathiya Bagavan 2.Manikandan 3.Sanjai 4.Arunkumar 5.Pasupathi 6.Prabu ... Petitioners/ A1 to A6 -VsState rep. by the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.245 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned District and Sessions Judge cum Special Court for PCR, Sivagangai to accept the surrender of the petitioner in connection with Crime No.245 of 2016 on the file of the respondent Police.

For Petitioners : Mr.V.Kannan For Respondent : Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned District and Sessions Judge cum Special Judge for PCR cases, Sivagangai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.245 of 2016.

2.The sum and substance of the complaint is that due to dispute regarding Kabadi Match, the petitioners abused the defacto complainant in filthy language and also by his caste name, and attacked the defacto complainant with deadly weapons. The said complaint has been registered in Crime No.245 of 2016 for the alleged offences under Sections 147, 148, 294(b), 324, 506(ii) IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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3.Learned counsel for the petitioners would submit that the petitioners have 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 petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital 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.245 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(CS-II) /True Copy/ Sub Assistant Registrar.

To:

1. The District and Sessions Judge cum Special Court for PCR, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

+1CC to M/S.V.Kannan, Advocate, SR.No. 43422 Crl.O.P.(MD) No.13943 of 2016 09.08.2016 gcg AM/KBM/SAR-LIB/10.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/