Madras High CourtCRL OP(MD)/22781/2016ordered

Manickam, v. The Inspector Of Police,

2016-12-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22781 of 2016 1.Manickam 2.Thangapandi 3.Boominathan ... Petitioners/ Accused Nos.1 to 3 -VsThe State represented by The Inspector of Police, Natham Police Station, Natham, Dindigul District.

(Cr.No.486 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the District and Sessions Judge (PCR Court), Dindigul District to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.486 of 2016 on the file of the respondent police.

For Petitioners : Mr.V.R.Manoharan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the District and Sessions Judge (PCR Court), Dindigul District to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.486 of 2016 on the file of the respondent police.

2.The sum and substance of the complaint is that a wordy quarrel arose between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant by mentioning their caste name and caused simple injuries. The said complaint has been registered in Crime No.486 of 2016 for the alleged offences under Sections 341, 294(b), 323, 324, 379(NP) I.P.C., and Section 3(1)(r)(s) 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.486 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 ssl To:

1. The District and Sessions Judge (PCR Court), Dindigul District.

2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

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

+1cc to Mr.M.S.JEYAKARTHICK Advocate Sr.No. 78550 JAM/26.12.16/CK/SAR 1/2P-5C Crl.O.P.(MD) No.22781 of 2016 02.12.2016 https://hcservices.ecourts.gov.in/hcservices/