Madras High CourtCRL OP(MD)/14728/2016disposed of

Muthu 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.14728 of 2016 1.Muthu 2.Petchi 3.Kannan .. Petitioners/Accused Nos.1 to 3 Vs.

1.The State rep.by the Deputy Superintendant of Police, Melur Division, Madurai District.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

.. Respondents/Complainants.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned III Additional District and Sessions judge(Special PCR Court) Madurai on consider the petitioners' bail application filed by the petitioners on the same day of surrender in Crime.No.706 of 2016 on the file of the respondent police.

For Petitioners : Mr.G.Kandha Vadivelan For Respondents : Mr.A.P.Balasubramani Government Advocate(Criminal side)

ORDER

It is an application seeking a direction to the III Additional District and Sessions Judge(Special PCR Court), Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.706 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 on 02.06.2016, the petitioners have trespassed into the land of the defacto complainant's wife, removed stones and abused her by using caste name. The said complaint has been registered in Crime No.706 of 2016 for the https://hcservices.ecourts.gov.in/hcservices/

alleged offences under Sections 447, 294(b) and 506(i) IPC r/w Sections 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2014. 4.It is represented by the learned counsel for the petitioners that the petitioners are innocent and they have no connection whatsoever with the alleged offence. 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 no one has sustained injury 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.706 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(AE) /True Copy/ Sub Assistant Registrar.

To 1.The III Additional District and Sessions judge (Special PCR Court) Madurai.

2.The Deputy Superintendant of Police, Melur Division, Madurai District.

3.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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

+1CC to M/S.G.Ganapathi Subramanian, Advocate, SR.No.44372 Crl.O.P(MD)No.14728 of 2016 12.08.2016 mj AM/GSV.PM/SAR-AE/17.08.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/