Madras High CourtCRL OP(MD)/16411/2016disposed of

Muthuraj, v. The Inspector Of Police,

2016-09-02Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.16411 of 2016 Muthuraj ... Petitioner/ A2 -VsState rep. by the Inspector of Police, Palani Chettipatti Police Station, Theni District.

(Crime No.482 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District Judge, (PCR Court), Theni to consider the bail application of the petitioner / accused in Crime No.482 of 2016 on the file of the respondent police on the same day of surrender, on merits.

For Petitioner : Mr.S.Ramesh Babu For Respondent : Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned Principal District Judge, (PCR Court), Theni, to consider the bail application of the petitioner on the same day of his surrender in Crime No.482 of 2016.

2.The sum and substance of the complaint is that due to civil dispute, the petitioner along with other accused trespassed into the defacto complainant's land, abused him in filthy language and also by his caste name and also gave life threat to him. The said complaint has been registered in Crime No.482 of 2016 for the alleged offences under Sections 448, 427, 294(b), 506(i) IPC and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3.Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the case and in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, he https://hcservices.ecourts.gov.in/hcservices/

has come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that no one sustained injury in this case and that the major part of the investigation 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.482 of 2016 and consider his bail application 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 (AS) /True Copy/ Sub Assistant Registrar gcg To:

1. The Principal District Judge, (PCR Court), Theni. 2.The Inspector of Police, Palani Chettipatti Police Station, Theni District.

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

+1 cc to Mr.S.RAMESH BABU,Advocate, Sr.No: 49929 JAM/SS 3/6.09.16/SAR WRIT/2P-5C Crl.O.P.(MD) No.16411 of 2016 02.09.2016 https://hcservices.ecourts.gov.in/hcservices/