Madras High CourtCRL OP(MD)/13985/2016disposed of

Suresh v. The Deputy Superintendent Of

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.13985 of 2016 Suresh ... Petitioner/Accused No.1 -Vs1.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

2.The Sub Inspector of Police, Ammayanaickanur Police Station, Ammayanaickanur, Dindigul District.

(Crime No.617 of 2016) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge cum PCR Court, Dindigul to consider the bail application filed by the petitioner on the same day in Crime No.617 of 2009 on the file of the 2nd respondent herein.

For Petitioner : Mr.Asaithambi For Respondents : Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned Principal District and Sessions Judge (PCR), Dindigul, to consider the bail application of the petitioner on the same day of his surrender in Crime No.617 of 2009.

2.The sum and substance of the complaint is that the petitioner took the defacto complainant's son to Uttar Pradesh for employment for six months and after six months, when the defacto complainant asked to produce her son, the petitioner abused her in filthy language and also by her caste name and also gave life threat to her. The said complaint has been registered in Crime No.617 of 2009 for the alleged offences under Sections 363, 294 (b), 506(i) IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act. https://hcservices.ecourts.gov.in/hcservices/

3.Learned counsel for the petitioner 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 no one sustained injury in this case and that already charge sheet has been filed in this case and the same is pending P.R.C.No.1 of 2015.

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.617 of 2009 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(CS-I) /True Copy/ Sub Assistant Registrar.

To:

1. The Principal District and Sessions Judge (PCR), Dindigul.

2.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

3.The Sub Inspector of Police, Ammayanaickanur Police Station, Ammayanaickanur, Dindigul District.

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

+1CC to M/S.Asaithambi, Advocate, SR.No. 42970 Crl.O.P.(MD) No.13985 of 2016 09.08.2016 gcg AM/GSV.PM/SAR-LIB/10.08.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/