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Madras High CourtCRL OP(MD)/20959/2016ordered

Mari @ Marimuthu v. The Inspector Of Police

2016-11-04Honourable Mr Justice K. Kalyanasundaram2 pages

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.20959 of 2016 1.Mari @ Marimuthu 2.Veeranan 3.Nagaraj 4.Chinnavellai 5.Ammavasai 6.Pattayia

...Petitioners/ Accused

-VsState represented by The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.343 of 2016)

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR), Madurai to consider the bail application to be filed by the petitioner on the same day of their surrender in Crime No.343 of 2016 on the file of the respondent.

For Petitioners : Mr.C.Prabaharan For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the learned III Additional District and Sessions Judge (PCR), Madurai to consider the bail application to be filed by the petitioner on the same day of their surrender in Crime No.343 of 2016 on the file of the respondent.

2.The sum and substance of the complaint is that the petitioners and the defacto complainant are neighbours and they have abused the defacto complainant by mentioning his caste name. The said complaint has been registered in Crime No.343 of 2016 for the alleged offences under Sections 147, 294(b), 448 and 506(ii) I.P.C. r/w 3(1)(x), 3(2) of SC/ST Act 1989.

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.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that no one sustained injury in the alleged occurrence.

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.343 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(RTI) /True Copy/ Sub Assistant Registrar(CS) To:

1. The III Additional District and Sessions Judge (PCR), Madurai.

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

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

+1cc to M/s.C.Praakaran, Advocate in SR.65573 Crl.O.P.(MD) No.20959 of 2016 04.11.2016 ssl PBK/EM-MPA 18/11/2016 ::2P-5C:

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