Madras High CourtCRL OP(MD)/19223/2016disposed of

Jeya Rani v. The Inspector Of Police

2016-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.19223 of 2016 Jeya Rani .. Petitioner Vs.

The Inspector of Police, Ilathoor Police Station, Tirunelveli District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the II Additional Sessions Judge (PCR), Tirunelveli, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.165 of 2016 on the file of the respondent Police. For Petitioner : Mr.S.Senthil Sankaranatha For respondent : Mr.K.Anbarasan, G.A. (Criminal side)

ORDER

This petition has been filed seeking a direction to the II Additional Sessions Judge (PCR), Tirunelveli, to accept the surrender of the petitioner and consider the bail application on merits on the same day in Crime No.165 of 2016 on the file of the respondent Police.

2.The sum and substance of the complaint is that due to previous enmity, there was a quarrel between both parties and the petitioner said to be abused the defacto complainant in filthy language and also by her caste name. The said complaint has been registered in Crime No.165 of 2016 for the alleged offences under Sections 294(b), 323, 506(ii) IPC and Section 3(1)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 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 application and therefore, the petitioner has come up with this petition.

4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that there was simple injury caused by the petitioner.

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 https://hcservices.ecourts.gov.in/hcservices/

and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.165 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 /True Copy/ Sub Assistant Registrar To 1.The II Additional Sessions Judge (PCR), Tirunelveli. 2.The Inspector of Police, Ilathoor Police Station, Tirunelveli District.

3.The Addl. Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.Senthil Sankaranatha, Advocate SR.No.59141 Crl.O.P.(MD).No.19223 of 2016 nbj SD/CK/05.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/