Madras High CourtCRL OP(MD)/16464/2016closed

Anantharaj, v. The Inspector Of Police,

2016-09-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16464 of 2016 Anantharaj .. Petitioner/Accused rank not known Vs State rep. by The Inspector of Police, Palayamkottai Police Station, Tirunelvlei District.

Crime No.311 of 2016 .. Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned II-Additional District and Sessions Judge-cum-PCR Court, Tirunelveli to consider the petitioner's bail application on merits on the date of surrender in connection with Cr.No.311 of 2016 on the file of the respondent police and thus render justice.

For Petitioner : Mr.S.Sundarapandian 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 learned II-Additional District and Sessions Judge-cum-PCR Court, Tirunelveli to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in connection with Cr.No.311 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioner would submit that with regard to a road accident the first accused, who is an advocate attacked the defacto complainant with iron rod and wooden log by abusing the defacto complainant and a case has been registered against the first accused/advocate and he was arrested and released on bail. The petitioner is no way connected in this case in Crime No.311 of 2016 for the alleged offences under Sections 342, 294(b), 324, 506(ii) IPC and Section 3(1)(r)(s) and Section 3(1)(v)(a) of the Scheduled Castes and Scheduled Tribes https://hcservices.ecourts.gov.in/hcservices/

(Prevention of Atrocities), Act, 1989.

3.Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the case 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 respondent would submit that injured has been discharged from the hospital and the petitioner is having previous cases. 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.311 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(CS-I) /True copy/ Sub Assistant Registrar To:

1.The II Additional District and Sessions Judge-cum-PCR Court, Tirunelveli.

2. The Inspector of Police, Palayamkottai Police Station,Tirunelvlei District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to M/S. S.Sundarapandian, Advocate in SR.No. 51749 PJL CSL/SKN/SAR-AE/12.09.2016:2P/5C Crl.O.P.(MD) No.16464 of 2016 12.09.2016 https://hcservices.ecourts.gov.in/hcservices/