Madras High CourtCRL OP(MD)/14486/2016disposed of

Sethoori @ Alagu, v. The Inspector Of Police,

2016-08-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.14486 of 2016 1.Sethoori @ Alagu 2.Singaraj ... Petitioners/ A1 and A2 -VsState rep. by Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.347 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the III Additional District and Sessions Judge (PCR), Madurai to consider the bail application of the petitioners to be filed in Cr.No.347 of 2016 on the file of the respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.R.Balamuruganantham 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 District and Sessions Judge (PCR), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.347 of 2016. 2.The sum and substance of the complaint is that when the petitioners were buying vegetables from the de-facto complainant, a wordy quarrel arose between the petitioners and the de-facto complainant and thereby the petitioners have threatened the defacto complainant and abused with his caste name. The said complaint has been registered in Crime No.347 of 2016 for the alleged offences under Sections 427 and 506(i) IPC r/w. Section 3 (2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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 https://hcservices.ecourts.gov.in/hcservices/

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 major part of the investigation is 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.347 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(AS) /True Copy/ Sub Assistant Registrar.

To:

1. The III Additional District and Sessions Judge (PCR), Madurai. 2.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

+1CC to M/S. R.Balamuruganantham, Advocate, SR.No. 43618 Crl.O.P.(MD) No.14486 of 2016 11.08.2016 srm AM/AAL.MPA/SAR-I/22.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/