Madras High CourtCRL OP(MD)/14502/2016disposed of

Giri, S/O S.V.Janagar, v. The Sub 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.14502 of 2016 1.Giri 2.Kavitha ... Petitioners/ A1 and A2 -VsThe Sub Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

(Crime No.524 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur, to consider the bail application filed by the petitioners on the same day of their surrender in Crime No.524 of 2016 on the file of the respondent. For Petitioners : Mr.S.J.Chakkaravarthy 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 Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur, to consider the bail application of the petitioners on the same day of their surrender in Crime No.524 of 2016.

2.The sum and substance of the complaint is that the petitioners have attacked the de-facto complainant with hand and abused her with community name. The said complaint has been registered in Crime No.524 of 2016 for the alleged offences under Sections 294(b), 323 and 506(i) IPC r/w. Section 3(1)(r)(s) and 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 https://hcservices.ecourts.gov.in/hcservices/

previous motive with regard to a civil dispute pending before the District Munsif Court, Sivakasi, Virudhunagar District in O.S.No.60 of 2016 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 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.524 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(AE) /True Copy/ Sub Assistant Registrar.

To:

1. The Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur.

2.The Sub Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

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

+1CC to M/S.S.J.Chakkaravarthy,Advocate, SR.No. 43629 Crl.O.P.(MD) No.14502 of 2016 11.08.2016 SRM AM/SAR-III/22.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/