N.Muruganantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20951 of 2016 1.N.Muruganantham 2.K.Karthi ... Petitioners/ Accused Nos.1 &2 -VsState represented by The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

(Crime No.284 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct I Additional District and Sessions Court (PCR), Thanjavur to consider the bail application of the petitioners/Accused 1 and 2 on the same day of surrender on merits in Crime No.284 of 2016, on the file of the respondent police.

For Petitioners : Mr.A.Saravanan For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to I Additional District and Sessions Court (PCR), Thanjavur to consider the bail application of the petitioners/Accused 1 and 2 on the same day of surrender on merits in Crime No.284 of 2016, on the file of the respondent police.

2.The sum and substance of the complaint is that due to parking of two wheeler, a petty quarrel has been arisen between the defacto complainant and the petitioners and the petitioners have abused the defacto complainant by mentioning his caste name and also attempted to assault him. The said complaint has been registered in Crime No.284 of 2016 for the alleged offences under Sections 294(b), 323, 506(i) I.P.C. and r/w 3(1)(r), 3(2)V(a) of SC St Act.

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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 already been discharged from the hospital.

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.284 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(Crl.Side) /True Copy/ Sub-Assistant Registrar ssl To:

1. The I Additional District and Sessions Court, (PCR), Thanjavur.

2 do thro' The Principal Sessions Judge, Thanjavur 3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

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

+1CC to Mr.A.Saranvanan, Advocate Sr.No.65568 GJM/SK/SKN/SAR-I-7.11.16-2p-6c Crl.O.P.(MD) No.20951 of 2016 04.11.2016 https://hcservices.ecourts.gov.in/hcservices/