Madras High CourtCRL OP(MD)/17614/2016disposed of

Sangu v. The Deputy Superintendent Of

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.17614 of 2016 Sangu .. Petitioner Vs 1.The Deputy Superintendent of Police, Usilampatti Town, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.158 of 2016) .. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned III-Additional District Judge, (PCR Court), Madurai, to consider the petitioner's bail petition on merits upon the petitioner's surrender before the said court and enlarge the petitioner on bail on the same day of his surrender in Crime No.158 of 2016 on the file of the second respondent police.

For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIIAdditional District Judge, (PCR Court), Madurai, to consider the bail application filed by the petitioner on the same day of his surrender in Crime No.158 of 2016 on the file of the second respondent police.

2. The petitioner is accused for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC read with Section 4 of TNWH Act read with 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the https://hcservices.ecourts.gov.in/hcservices/

case due to previous motive 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.

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

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 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.158 of 2016 and consider his bail application 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 (W) /True Copy/ Sub Assistant Registrar To:

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

2.The Deputy Superintendent of Police, Usilampatti Town, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

+1 cc to MR.G.RADHAKRISHNAN, Advocate Sr.No.53668 Crl.O.P.(MD) No.17614 of 2016 19.09.2016 SMA/PV/26/09/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/