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Madras High CourtCRL OP(MD)/17597/2016disposed of

Pangaj, S/O Amararam, v. The Inspector Of Police,

2016-09-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17597 of 2016 1.Pangaj 2.Shoba Ram : Petitioners Vs The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.843 of 2016) : Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned III-Additional District and Sessions Judge, (PCR Court), Madurai, to consider the bail application filed by the petitioners on the same day of their surrender in Crime NO. 843 of 2016 on the file of the respondent police.

For Petitioners: Mr.S.Sundarapandian For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned IIIAdditional District and Sessions Judge, (PCR Court), Madurai, to consider the bail application filed by the petitioners on the same day of their surrender in Crime No. 843 of 2016 on the file of the respondent police.

2. The petitioners are accused for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC read with Section 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act.

3. Learned counsel for the petitioners would submit that the petitioners are innocent and they 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. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

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5.Learned Government Advocate (Crl. Side) would submit that the injured person has been discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, 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.843 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

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

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

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

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

+1cc to M/S.S.Sundarapandian, Advocate in SR.No.53213 Crl.O.P.(MD) No.17597 of 2016 19.09.2016 PJL PA/SK-SKN/SAR I/23.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/