Madras High CourtCRL OP(MD)/15426/2016disposed of

K. Vasanth v. The Inspector Of Police

2016-08-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.15426 of 2016 1.K.Vasanth 2.Reghunathan 3.Manirathanam 4.Daniel Leo 5.Mohammed Abrak Binali 6.Perumal 7.Anand 8.Arjun .. Petitioners Vs.

State by its through, The Inspector of Police, K.K.Nagar Police Station, Trichy City, Trichy District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned I Additional District and Sessions cum PCR Court, Trichirapalli, Trichy District under the SC/ST act and consider the bail application on the surrender of the petitioners in connection with Cr.No.257 of 2016 pending investigation on the file of the respondent on merit on the same day.

For Petitioners : Mr.R.Ganesh Prabu For Respondent : Mr.A.P.Balasubramani, Government Advocate.

(Criminal Side)

ORDER

It is an application seeking a direction to the I Additional District and Sessions - cum- PCR Court, Trichirapalli, Trichy District to consider the bail application of the petitioners on the same day of their surrender in Crime No.257 of 2016.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent. 3.The sum and substance of the complaint against the petitioners/Accused is that on 12.08.2016 one Sathiya Priya joined in the Union of the defacto complainant and due to that the petitioners have threatened the defacto complainant and attacked him by using caste name. The said complaint has been registered in https://hcservices.ecourts.gov.in/hcservices/

Crime No.257 of 2016 for the alleged offences under Sections 147, 294(b), 323 and 506(i) IPC r/w 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989. 4.It is represented by the learned counsel for the petitioners that the petitioners are innocent persons and they have nothing to do 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 respondent 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.257 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(Crl.side) /True copy/ Sub Assistant Registrar To 1.The I Additional District and Sessions - cum- PCR Court, Trichirapalli, Trichy District 2.The Inspector of Police, K.K.Nagar Police Station, Trichy City, Trichy District.

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

+1cc to Mr.R.Ganesh Prabhu, Advocate SR.No.48289 mj sm:DB:16/09/2016:2P/5C Crl.O.P.(MD)No.15426 of 2016 30.08.2016 https://hcservices.ecourts.gov.in/hcservices/