Madras High CourtCRL OP(MD)/17618/2016disposed of

Anwar @ Anwar Kabir, 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.17618 of 2016 1.Anwar @ Anwar Kabir 2.Abdul Kabir @ Abdul Gafoor 3.M.Sabanayagam 4.Suresh ..Petitioners Vs.

State rep. through The Inspector of Police, Kumbakonam Taluk Police Station, Tanjore District.

(Crime No.411 of 2016) ..Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned I-Additional District Sessions Judge and Special Court for PCR cases, Tanjore District, to accept the surrender of the petitioners and to consider bail application of the petitioners on the same day of surrender in connection with Crime No.411 of 2016 on the file of the respondent police. For Petitioners : Mr.A.Raja Mohamed For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned IAdditional District Sessions Judge and Special Court for PCR cases, Tanjore District, to consider the bail application filed by the petitioners on the same day of their surrender in Crime No.411 of 2016 on the file of the respondent police.

2. The petitioners are accused for the offences punishable under Sections 294(b), 323,324 and 506(i) IPC read with Section 3 (1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 and the petitioners also have one previous case.

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.411 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(CS) To:

1.The I-Additional District Sessions Judge and Special Court for PCR cases, Tanjore District. 2.The Inspector of Police, Kumbakonam Taluk Police Station, Tanjore District.

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

+1cc to M/s.A.Raja, Advocate in SR.54026 Crl.O.P.(MD) No.17618 of 2016 19.09.2016 pjl PBK/SS-3/SAR-I 23/09/2016 ::2P-5C:

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