Madras High CourtCRL OP(MD)/17942/2016disposed of

Muniyandi v. The Deputy Superintendent Of

2016-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17942 of 2016 Muniyandi ... Petitioner/Accused No.1 -Vs1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Taluk Police Station.

(Crime No.242 of 2016) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge (Special PCR Court), Madurai District on consider his bail application filed by the petitioner on the same day of surrender in Crime No.242 of 2016 on the file of the Inspector of Police, Thirumangalam Taluk Police Station.

For Petitioner : Mr.M.Mahendran For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the the learned Sessions Judge (Special PCR Court), Madurai District to consider the bail application filed by the petitioner on the same day of his surrender in Crime No.242 of 2016 on the file of the Inspector of Police, Thirumangalam Taluk Police Station. 2.The sum and substance of the complaint is that the petitioner/Accused No.1 entered in front of the defacto complainant's house and abused and threatened the defacto complainant. The said complaint has been registered in Crime No.242 of 2016 for the alleged offences under Sections 147, 294 (b), 452, 323, 506(i) I.P.C. and r/w 34 of TNWH Act and r/w 3(1) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015.

3.Learned counsel for the petitioner would submit that the petitioner has 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 petitioner cannot move any anticipatory bail https://hcservices.ecourts.gov.in/hcservices/

application and therefore, the petitioner has come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondents would submit that no one sustained injury in the alleged occurrence.

5.Having regard to the facts and circumstances of the case, 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.242 of 2016 and consider bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To:

1. The Sessions Judge (Special PCR Court), Madurai District.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Taluk Police Station.

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

+1cc to M/S.M.MAHENDRAN,ADVOCATE, SR NO: 54085 JA-DB-SAR-3/30.09.2016/2P:6C Crl.O.P.(MD) No.17942 of 2016 21.09.2016 https://hcservices.ecourts.gov.in/hcservices/