Madras High CourtCRL OP(MD)/16068/2016disposed of

P. Jayaraman v. The Assistant Superintendent

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.16068 of 2016 P.Jayaraman .. Petitioner/Accused -Vs1.The Assistant Superintendent of Police, Office of the Assistant Superintendent of Police, Madurai District, Madurai.

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

(Crime No.36 of 2016) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the III Additional District and Sessions Court for PCR cases, Madurai to consider the bail application that will be filed by the petitioner in Crime No.36 of 2016, on the file of the second respondent police on the same day of its filing.

For Petitioner : Mr.M.Manimegalai For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the III Additional District and Sessions Court for PCR cases, Madurai to consider the bail application that will be filed by the petitioner in Crime No.36 of 2016, on the file of the second respondent police on the same day of its filing.

2.The sum and substance of the complaint is that when the petitioner is teasing the defacto complainant's daughter, there was a wordy quarrel between the petitioner and the defacto complainant and the petitioner is said to be attacked the defacto complainant's daughter and mother and abused them in filthy language and also by their caste name. The said complaint has been registered in Crime No.36 of 2016 for the alleged offences under Sections 147, 352, 323, 354, 427 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act.

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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 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 already been discharged from the hospital.

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.36 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 (T&P) /True Copy/ Sub Assistant Registrar ssl To:

1. The III Additional District and Sessions Court for PCR cases, Madurai.

2.The Assistant Superintendent of Police, Office of the Assistant Superintendent of Police, Madurai District, Madurai.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.S.MALAIKANI,Advocate, Sr.No: 51049 JAM/DB/21.09.16/ 3P-6C Crl.O.P.(MD) No.16068 of 2016 08.09.2016 https://hcservices.ecourts.gov.in/hcservices/