Madras High CourtCRL OP(MD)/20920/2016disposed of

Senthur @ Senthurpandi, v. The Superintendent Of Police,

2016-11-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.20920 of 2016 1.Senthur @ Senthurpandi 2.Vagesh @ Vageswaran 3.Silambu @ Silambarasan 4.Mani @ Balamanikandan 5.Siddarth @ Sitthu .. Petitioners/Accused Nos,9,10,12,13 & 16 Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Othakadai Police Station, Madurai District.

In Crime No.582 of 2016 .. Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned 1st Additional Sessions Judge cum PCR Court, Madurai to consider the bail application filed by the petitioner on the same day in Crime No.582 of 2016 on the file of the 2nd respondent.

For Petitioners : Mr.T.Sasidharan Tamilkani For respondents : Mr.P.Kannithevan, Government Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the learned 1st Additional Sessions Judge cum PCR Court, Madurai , to consider the bail application of the petitioners on the same day of their surrender in Crime No.582 of 2016 on the file of the second respondent police.

2.The sum and substance of the complaint is that due to some wordy quarrel, the petitioners abused the defacto complainant and others in filthy language and also by their caste name and attacked them with wooden logs. The said complaint has been registered in Crime No.582 of 2016 for the alleged offences under Sections 147, 148, 294(b), 506(ii) of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital and the major part of the investigation over. 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.582 of 2016 on the file of the second respondent police 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 (AS) /True Copy/ Sub Assistant Registrar To

1. The 1st Additional Sessions Judge cum PCR Court, Madurai.

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

3. The Inspector of Police, Othakadai Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 CC TO Mr.S.T.SASIDHARAN TAMILKANI, ADVOCATE IN SR No. 66703 PM TE/SKS-RR/SAR-CO : 09/11/2016 : 2P/6C Crl.O.P(MD)No.20920 of 2016 08.11.2016 https://hcservices.ecourts.gov.in/hcservices/