Madras High CourtCRL OP(MD)/14951/2016ordered

Purushothaman v. The Inspector Of Police

2016-08-31Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.14951 of 2016 Purushothaman ... Petitioner/Sole Accused -VsThe Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.281 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Ist Additional District and Sessions Judge (PCR Court), Thanjavur to consider the bail application on the same day on his surrender in connection with Crime No.281 of 2016 on the file of the respondent Police.

For Petitioner : Mr.G.Karnan For Respondent : Mr.P.Kandasamy, Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned Ist Additional District and Sessions Judge (PCR), Thanjavur, to consider the bail application of the petitioner on the same day of his surrender in Crime No.281 of 2016. 2.The sum and substance of the complaint is that when the defacto complainant was doing construction work for his house by quarrying sand from the agricultural land, the petitioner abused the defacto complainant in filthy language and also by his caste name, and attacked him with knife and also gave life threat to him. The said complaint has been registered in Crime No.281 of 2016 for the alleged offences under Sections 294(b), 324, 506(ii) IPC r/w Section 3(1)(i), 3(2) (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015. 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 https://hcservices.ecourts.gov.in/hcservices/

application and therefore, the petitioner has come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondents 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 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.281 of 2016 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(P&A) /True Copy/ Sub Assistant Registrar.

To:

1. The 1st Additional District and Sessions Judge (PCR), Thanjavur.

2.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

+1CC to M/S.G.Karnan, Advocate, SR.No. 48732 Crl.O.P.(MD) No.14951 of 2016 31.08.2016 gcg MKSK/SS-3/SAR-III/01.09.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/