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Madras High CourtCRL OP(MD)/15941/2016disposed of

Manikanda Prabhu, v. The Inspector Of Police,

2016-08-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.15941 of 2016 1.Manikanda Prabhu 2.Suthersan 3.Pravin .. Petitioners/Accused No.4 to 6 Vs.

State rep. by the Inspector of Police, Tenkasi Police Station, Tirunelveli District.

(Crime No.334 of 2016) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the II Addl. District and Sessions Court (PCR) Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day in connection with Cr.No.334 of 2016 on the file of the respondent police. For Petitioners : Mr.T.Indrachithu For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the II Additional District and Sessions Court (PCR), Tirunelveli to consider the bail application of the petitioners on the same day of their surrender in Crime No.334 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/A4 to A6 is that on 21.08.2016, the petitioners have intercepted and attacked the defacto complainant. They have also abused the defacto complainant by using caste name. The said complaint has been registered in Crime No.334 of 2016 for the alleged offences under Sections 147, 341, 342, 294(b), 323 and 506 (i) IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2014.

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4.It is represented by the learned counsel for the petitioners that the petitioners are innocent persons 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 respondent would submit that 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.334 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 II Additional District and Sessions Court (PCR), Tirunelveli.

2.The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

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

+1cc to Mr.T.Indrachittu, Advocate SR.no.47800 sm:SK-SKN:SAR I:9.9.2016:2P/5C Crl.O.P(MD)No.15941 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/