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Madras High CourtCRL OP(MD)/20007/2016ordered

Umeshavaran 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.20007 of 2016 1.Umeshvaran 2.Rajendran 3.Muthukkamatchi ... Petitioners/Accused Nos.1 to 3 -VsState rep. By The Inspector of Police, Nagudi Police Station, Pudukottai District.

In Crime No.144 of 2016 ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge (PCR Court), Pudukkottai to consider the petitioners' bail application on the same day of their surrender in Crime No.144 of 2016 on the file of the Inspector of Police, Nagudi Police Station, Pudukottai District. For Petitioners : Mr.T.Lenin Kumar For Respondent : Mr.P.Kannithevan Govt. Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the learned Principal District and Sessions Judge (PCR Court), Pudukkottai to consider the petitioners' bail application on the same day of their surrender in Crime No.144 of 2016 on the file of the Inspector of Police, Nagudi Police Station, Pudukottai District.

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.144 of 2016 for the alleged offences under Sections 294(b), 323, 324 and 506(ii) IPC r/w Section 3(1)(r), 3 (1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Learned counsel for the petitioners would submit that the petitioners have been falsely implicated in the case due to https://hcservices.ecourts.gov.in/hcservices/

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.144 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.

To

1. The Principal District and Sessions Judge(PCR) Pudukottai.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

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

+1CC to M/S. T.Lenin Kumar, Advocate, SR.No. 61608 Crl.O.P(MD)No.20007 of 2016 19.10.2016 ps MSM/CK/SAR-III/20.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/