Madras High CourtCRL OP(MD)/24151/2016ordered

Rasu Thevar v. The Deputy Superintendent Of

2016-12-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2016

CORAM

THE HON'BLE MR.JUSTICE R. MAHADEVAN Crl.O.P.(MD) No.24151 of 2016

1. Rasu Devar

2. Saraswathi ... Petitioners/ Accused Nos.2 to 3 -VsThe State represented by

1. The Deputy Superintendant of Police, Usilampatti, Madurai District.

2. The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

(Cr.No.56 of 2016) ... Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the III Additional District Court (PCR Court), Madurai under the SC/ST Act, Sivagangai to consider the bail petition of the petitioners in connection with Crime No.56 of 2016, pending investigation on the file of the respondent police on merits on the same day. For Petitioners : M/s.M.Jegadeesh Pandian For Respondents : Mr.P. Kandasamy Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the III Additional District Court (PCR Court), Madurai under the SC/ST Act, Sivagangai to consider the bail petition of the petitioners in connection with Crime No.56 of 2016, pending investigation on the file of the respondent police on merits on the same day.

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.56 of 2016 for the alleged offences under Sections 366,317,376,506(i), 109 of IPC and r/w. Section 3(1)(w)(i) of of the Scheduled Caste and Tribes https://hcservices.ecourts.gov.in/hcservices/

(Prevention of Atrocities) Amendment and Ordinance Act 2014. 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. Heard the learned Government Advocate (Crl. Side) appearing for the respondents.

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.56 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 /True Copy/ Sub Assistant Registrar To:

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

2. The Deputy Superintendant of Police, Usilampatti,Madurai District.

3. The Inspector of Police, All Women Police Station, Usilampatti,Madurai District.

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

Crl.O.P.(MD) No.24151 of 2016 29.12.2016 trp rum-skn/02.01.2017/2p/5c https://hcservices.ecourts.gov.in/hcservices/