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Madras High CourtCRL OP(MD)/15218/2016disposed of

A. Prem Ananth @ Ananth v. The Inspector Of Police

2016-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.15218 of 2016 1.A.Prem Ananth @ Ananth 2.P.Alaguvel Nadar 3.A.Vignesh ... Petitioners/ A1 to A3 -VsState rep. by The Inspector of Police, Tharuvai Kulam Police Station, Thoothukudi District.

(Crime No.113 of 2016) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional District Sessions Judge, PCR Court, Thirunelveli District to consider the petitioner's bail application on the date of surrender in Cr.No.113 of 2016, on the file of the respondent police station.

For Petitioners : Mr.A.Benitto For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned II Additional District Sessions Judge, PCR Court, Thirunelveli District to consider the petitioner's bail application on the date of surrender in Cr.No.113 of 2016, on the file of the respondent police station.

2.The sum and substance of the complaint is that in the tea shop, there was a wordy quarrel between both parties and the petitioners are said to be abused the defacto complainant in filthy language and also by his caste name. The said complaint has been registered in Crime No.113 of 2016 for the alleged offences under Sections 294(b), 323, 506(i) I.P.C. r/w Section 3(1)(r)(s), 3(2),(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

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 injured has been discharged from the hospital.

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.113 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(RTI) /True copy/ Sub Assistant Registrar To:

1. The II Additional District Sessions Judge, PCR Court, Thirunelveli District.

2. The Inspector of Police, Tharuvai Kulam Police Station, Thoothukudi District.

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

+1cc to Mr.S.Moorthy, Advocate SR.No.50992 ssl sm:SKS-RR:21/09/2016:2P/5C Crl.O.P.(MD) No.15218 of 2016 08.09.2016 https://hcservices.ecourts.gov.in/hcservices/