Madras High CourtCRL OP(MD)/16492/2016disposed of

S. Ayyanar 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.16492 of 2016 S.Ayyanar ... Petitioner/Sole accused -VsState rep. by The Inspector of Police, Sivakasi East Police Station, Sivakasi.

(Crime No.620 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 Sessions Judge, (PCR Court), Srivilliputhur to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.620 of 2016 on the file of the respondent Police.

For Petitioner : Mr.R.Satish 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 and Sessions Judge, (PCR Court), Srivilliputhur, to consider the bail application of the petitioner on the same day of his surrender in Crime No.620 of 2016.

2.The sum and substance of the complaint is that when the defacto complainant stopped his vehicle near a bus-stop, the petitioner, who is running a hotel near the bus-stop, abused him in filthy language and also by his caste name for stopping the vehicle and also pelted stone on him. The said complaint has been registered in Crime No.620 of 2016 for the alleged offences under Section 294(b) 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 has come up with this petition.

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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.620 of 2016, 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 To:

1.The Principal District and Sessions Judge (Special Court for PCR Cases), Srivilliputhur.

2.The Inspector of Police, Sivakasi East Police Station, Sivakasi.

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

+1cc to M/S.R.Sathish,Advocate in SR.No.49903 Crl.O.P.(MD) No.16492 of 2016 02.09.2016 gcg PA/AAL-MPA/SAR I/06.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/