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Madras High CourtCRL OP(MD)/17654/2016disposed of

Vignesh, 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.17654 of 2016 1.Vignesh 2.Bharathi .. Petitioners Vs State rep. by The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

(Crime No.198 of 2016) .. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned I-Additional District and Sessions Judge, (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the date of surrender in Crime No.198 of 2016 on the file of the respondent police.

For Petitioners: Mr.B.Jameel Arasu For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned I-Additional District and Sessions Judge, (PCR Court), Thanjavur, to consider the bail application filed by the petitioners on the same day of their surrender in Crime No.198 of 2016 on the file of the respondent police.

2. The petitioners are accused for the offences punishable under Sections 341, 294(b) and 324 IPC read with Section 3(1)(r) (s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinanace 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.

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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.198 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 (AE) /True Copy/ Sub Assistant Registrar To:

1.The I-Additional District and Sessions Judge, (PCR Court), Thanjavur.

2.The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

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

+1 cc to Mr.

B.JAMEEL ARASU ,Advocate, Sr.No: 53245 JAM/SK-SKN/SARIII/20.09.16/ 2P-5C Crl.O.P.(MD) No.17654 of 2016 19.09.2016 https://hcservices.ecourts.gov.in/hcservices/