Madras High CourtCRL OP(MD)/17436/2016dismissed

Prabu S/O Andichamy v. The Inspector Of Police,

2016-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/09/2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.17436 of 2016 1.Prabu 2.Ashok 3.Palpandi @ Balu Thever 4.Rajesh 5.Jeyapaul 6.Prasanth .. Petitioners Vs.

State represented by Inspector of Police, Keelavalavoo Police Station, Madurai District.

(Crime No.333 of 2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the IIIrd Additional District and Sessions Judge, Madurai (PCR Court) to consider the bail application to be filed by the petitioners on the same day of surrender in Crime No.333 of 2016 on the file of the Inspector of Police, Keelavavavoo Station, pending investigation with such terms and conditions imposed by this Court.

For Petitioners : Mr.S.MP.Amalan For respondents : Mrs.S.Prabha, Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking a direction to the learned IIIrd Additional District and Sessions Judge, Madurai (PCR Court), to consider the bail application of the petitioners on the same day of their surrender in Crime No.333 of 2016 on the file of the Inspector of Police, Keelavalavoo Police Station, Madurai District.

2.The sum and substance of the complaint is that due to some dispute, the petitioners abused the defacto complainant in filthy language and also by her caste name. The said complaint has been registered in Crime No.333 of 2016 for the alleged offences under Sections 147, 294(b) and 323 IPC and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

Act.

3.Learned counsel for the petitioners would submit that the 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 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.333 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 (Writs) /True copy/ Sub Assistant Registrar To

1. The IIIrd Additional District and Sessions Judge, Madurai (PCR Court).

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

3.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.S.JEYAKARTHIK, ADVOCATE SR.No. 53593 pm JA-AAL-MPA-26.09.2016/2P:5C Crl.O.P(MD)No.17436 of 2016 16/09/2016 https://hcservices.ecourts.gov.in/hcservices/