Madras High CourtCRL OP(MD)/19449/2016disposed of

Santhana Mariappan Alias v. The Inspector Of Police

2016-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19449 of 2016 1.Santhana Mariappan @ Appavayan 2.Maruthian @ Killi ... Petitioners/A1 and A2 Vs State through, The Inspector of Police, Alangulam Police Station, Tirunelveli District.

(Crime No.278 of 2016) ... Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned II-Additional District and Sessions Judge (PCR Court), Tirunelveli District, to consider the bail application of the petitioners on the same day of their surrender in connection with Crime No.278 of 2016 on the file of the respondent police.

For Petitioners : Mr.S.Moorthy For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned IIAdditional District and Sessions Judge (PCR Court), Tirunelveli District, to release them on bail, on the same day in the event of their surrender and filing bail application Crime No.278 of 2016 on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioners are accused for the offences punishable under Sections 294(b) and 506(ii) of I.P.C., and Section 3 of TNPPDL Act and Section 4 of TNPHW Act @ into Sections 294(b), 506(ii) of I.P.C., and Sections 3 and 4 of TNPPDL Act and Sections https://hcservices.ecourts.gov.in/hcservices/

3(1)(10) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act.

4. Learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in the case 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.

5. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that no one sustained injury. 6.Having regard to the facts and circumstances of the case, 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.278 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 (CS-I) /True Copy/ Sub Assistant Registrar PJL To:

1. II-Additional District and Sessions Judge (PCR Court), Tirunelveli District 2.The Inspector of Police,Alangulam Police Station, Tirunelveli District.

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

+1 cc to M/s.S.Moorthy, Advocate in SR.No.60144 CSL/GSV-PM/SAR-III:17.10.16-2p-5C Crl.O.P.(MD) No.19449 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/