Madras High CourtCRL OP(MD)/17058/2016ordered

M.Manisankar, 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.17058 of 2016 M. Manisankar ... Petitioner/ accused No.3 -VsState rep. by the Inspector of Police, East Police Station, Virudhunagar District.

(Crime No.472 of 2015) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge (PCR), Srivilliputur at Virudhunagar District, to accept the surrender of the petitioner in connection with Crime No.472 of 2015 on the file of the respondent Police.

For Petitioner : Mr.G. Shankar Ganesh 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 Principal District and Sessions Judge (PCR), Srivilliputur at Virudhunagar District, to consider the bail application of the petitioner on the same day of his surrender in Crime No.472 of 2015.

2.The sum and substance of the complaint is that due to the previous motive, the petitioner 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.472 of 2015 for the alleged offences under Sections 294(b) Sec 4(i) (1) (P) (or) of SC/ST (PH) amended Act, 2015 and Section 4 of Woman Harssment Act. 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 https://hcservices.ecourts.gov.in/hcservices/

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

4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit 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.472 of 2015 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 (Records) /True Copy/ Sub Assistant Registrar To:

1 The Principal District and Sessions Judge(PCR) Srivillipudur, Virudhunagar District

2. The Inspector of Police, East Police Station, Virudhunagar District.

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

+1 cc to MR.R.G.SHANKAR GANESH, Advocate Sr.No.52160 Crl.O.P.(MD) No.17058 of 2016 12.09.2016 SMA/DB/23/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/