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Madras High CourtCRL OP(MD)/19948/2016ordered

M.Amirtham v. The Inspector Of Police

2016-10-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.19948 of 2016 1.M.Amirtham 2.A.Theertham 3.M.Moorthi 4.M.Manikandan ... Petitioners -VsState rep. By The Inspector of Police, Samayanallur Police Station, Madurai.

In Crime No.349 of 2016 ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions (PCR) Judge, Madurai to accept the surrender and bail petitions of the petitioners and consider the bail petition on the same day in Crime No.349 of 2016 on the file of the Inspector of Police, Samayanallur. For Petitioners : Mr.S.Jeya Singh For Respondent : Mr.P.Kannithevan Govt. Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the learned III Additional District and Sessions (PCR) Judge, Madurai to accept the surrender and bail petitions of the petitioners and consider the bail petition on the same day in Crime No.349 of 2016 on the file of the Inspector of Police, Samayanallur. 2.The sum and substance of the complaint is that the petitioners abused the defacto complainant by using filthy language by using his caste name. The said complaint has been registered in Crime No.349 of 2016 for the alleged offences under Sections 294(b), 323, 506(i) IPC r/w Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3.Learned counsel for the petitioners would submit that the petitioners 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 Learned Government Advocate (Crl. Side) appearing for the respondent.

5.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.349 of 2016 and consider bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar ps To 1 The III Additional District & sessions Judge(PCR) Madurai 2.The Inspector of Police, Samayanallur Police Station, Madurai.

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

+1cc to Mr.S.JeyaSingh,Advocate Sr.No. 61295 JAM/21.10.16/KM/2p-5c/ Crl.O.P(MD)No.19948 of 2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/