Madras High CourtCRL OP(MD)/16960/2016disposed of

R.Ajith Surya, v. The Deputy Superintendent Of

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16960 of 2016 R.Ajith Surya .. Petitioner/A2 Vs 1.The Deputy Superintendent of Police, Melur, Madurai District.

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

(Crime No.275 of 2016) .. Respondents/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned III-Additional Sessions Judge cum PCR Court, Madurai, to accept the petitioner's surrender and consider his bail application if any filed by him on the same day in Crime No.275 of 2016 on the file of the 2nd respondent police. For Petitioner : Mr.A.V.Arun For Respondents : Mr.P.Kandasamy Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIIAdditional Sessions Judge (PCR Court), Madurai, to release him on bail, on the same day in the event of his surrender and filing bail application Crime No.275 of 2016 on the file of the second respondent police.

2. The petitioner is accused for the offences punishable under Sections 294(b) and 506(i) IPC read with Section 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 is innocent and he 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.

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4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

5.The learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital. 6.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.275 of 2016 and consider the bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

7.This Criminal Original Petition is ordered accordingly. Sd/ Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To:

1. The III-Additional Sessions Judge (PCR Court), Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

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

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

+1cc to M/S.A.V.Arun, Advocate in SR.No.57550 Crl.O.P.(MD) No.16960 of 2016 09.09.2016 PJL PA/SS-3/SAR I/16.09.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/