Madras High CourtCRL OP(MD)/17653/2016disposed of

Venkateswaran, 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.17653 of 2016 1.Venkateswaran 2.Rajmohan 3.Madhi Suthakaran 4.Pandikumar 5.Muthukumar 6.Andi 7.Muthu 8.Muthupandi 9.Mari 10.Vijay 11.Kalaikumar 12.Murugan 13.Balu .. Petitioners/Accused Vs 1.The Deputy Superintendent of Police, Manamadurai,Sivagangai District.

2.State rep. by Inspector of Police, Poovanthi Police Station, Sivagangai District.

(Crime No.148 of 2016) .. Respondents/Complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned District and Sessions Judge, (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.148 of 2016 dated 08.09.2016 on the file of the respondent police.

For Petitioners: Mr.R.Kulothungan For Respondents: Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned District and Sessions Judge, (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.148 of 2016 dated 08.09.2016 on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioners are accused for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 379 IPC read with Section 3 of TNPPDL Act and Section 3(1)(r)(s), 3(2)(v)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.

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.148 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 District and Sessions Judge, (PCR Court), Sivagangai. 2.The Deputy Superintendent of Police, Manamadurai,Sivagangai District.

3.The Inspector of Police, Poovanthi Police Station,Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/S.R.Kulothangan, Advocate in SR.No.53257 Crl.O.P.(MD) No.17653 of 2016 19.09.2016 PJL PA/AAL-MPA/SAR I/19.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/