Madras High CourtCRL OP(MD)/17011/2016ordered

Jothimurugan, 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.17011 of 2016

1. Jothimurugan

2. Ranjith @ Ranjithkumar ... Petitioner/ accused Nos 1 & 2 -VsState rep. by the Inspector of Police, Sankarankoil Town Police Station, Thirunelveli District.

(Crime No.423 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional Principal District and Sessions Judge (PCR) Unit / Special Judge for SC/ST (Prevention of Atrocities) Act , Thirunelvei, to consider the bail application filed by the petitioners herein and pass orders on the same day, if the petitioners surrender before the said court in connection with the Crime No.423/2016 on the file of the respondent. For Petitioner : Mr.M. Solaisamy 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 II Additional Principal District and Sessions Judge / Special Judge for SC/ST (Prevention of Atrocities) Act (PCR) Unit, Thirunelveli, to consider the bail application of the petitioners on the same day of his surrender in Crime No.423 of 2016. 2.The sum and substance of the complaint is that due to the wordy quarrel, the petitioners abused the defacto complainant in filthy language and also by his caste name, and attacked the defacto complainant with deadly weapons. The said complaint has been registered in Crime No.423 of 2016 for the alleged offences under Sections 294(b),323,506(ii) of IPC r/w. Section 3(1)(r), 3 (i)(s) and 3(2)(Va) of Amendment Ordinance 2014 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.Learned counsel for the petitioners would submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioners have 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 petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital and that the major part of the investigation over.

5.Having regard to the facts and circumstances of the case, the petitioners are 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 petitioners in Crime No.423 of 2016 and consider bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.This Criminal Original Petition is disposed of accordingly.

Sd/ Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To:

1 The III Additional Principal District and Sessions Judge (PCR)Unit/ Special Judge for SC/ST (Prevention of Atrocities) Act , Thirunelvei,

2. The Inspector of Police, Sankarankoil Town Police Station, Thirunelveli District.

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

+1 cc to MR.M.SOLAISAMY, Advocate Sr.No.52646 Crl.O.P.(MD) No.17011 of 2016 12.09.2016 SMA/DB/23/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/