Madras High CourtCRL OP(MD)/14603/2016disposed of

Kannigadevi v. The Deputy Superintendent

2016-08-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.14603 of 2016 1.Kannigadevi 2.Vairamuthu .. Petitioners Vs.

1.The State of Tamil Nadu rep.by the Deputy Superintendant of Police, Sivakasi, Virudhunagar District Crime No.443 of 2016.

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to issue necessary direction to the learned Principal District Judge Virudhunagar District at Srivilliputhur to consider and pass order on the bail application to be filed by the petitioners on their surrender in connection with Cr.No.443 of 2016 pending on the file of Thiruthangal Police Station on the same day.

For Petitioners : Mr.N.Dilipkumar For Respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the Principal District Judge, Virudhunagar District at Srivilliputhur to consider the bail application of the petitioners on the same day of their surrender in Crime No.443 of 2016.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondents. 3.The sum and substance of the complaint against the petitioners/A1 and A2 is that the petitioners are husband and wife and the first petitioner is working as a teacher. On 28.07.2016, the first petitioner has attacked a student and when it was questioned by the parents of the student, the petitioners threatened them with dire consequences and abused by using caste name. The said complaint has been registered in Crime No.443 of 2016 for the alleged offences under Sections 294(b), 323 and 506 (i) IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2014.

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

4.It is represented by the learned counsel for the petitioners that the petitioners are innocent and they have been falsely implicated in the case. The learned counsel has also represented 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.

5.The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the injured has been discharged from the hospital and major part of investigation is over.

6.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 a bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.443 of 2016 and consider their bail application and dispose of the same on merits and in accordance with law, on the same day of their surrender.

7.With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Principal District Judge Virudhunagar District at Srivilliputhur 2.The Deputy Superintendant of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

+1cc to Mr.N.Dilipkumar, Advocate SR.No.44192 mj sm:GSV-PM:SAR I:12.8.2016:2P/6C Crl.O.P(MD)No.14603 of 2016 12.08.2016 https://hcservices.ecourts.gov.in/hcservices/