Madras High CourtCRL OP(MD)/24198/2016ordered

Sudalai v. The Inspector Of Police

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.24198 of 2016 Sudalai ... Petitioner/ Accused Rank not known -VsThe State represented by .The Inspector of Police, Taluk Police Station, Thirunelveli, Thirunelveli District.

(Cr.No.335 of 2016) ... Respondent /Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the II Additional Sessions Cum PCR Court, Thirunelveli District (Special Court for SC/ST Act cases) to consider the bail application of the petitioner in Crime No.335 of 2016 on the same day of surrender and dispose of the same.

For Petitioners : Mr.A. Anandan For Respondents : Mr.P. Kandasamy Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the II Additional Sessions Cum PCR Court, Thirunelveli District (Special Court for SC/ST Act cases) to consider the bail application of the petitioner in Crime No.335 of 2016 on the same day of surrender and dispose of the same.

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.335 of 2016 for the alleged offences under Sections 147, 341, 294(b), 323 and Section 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

https://hcservices.ecourts.gov.in/hcservices/ 3.Learned counsel for the petitioner 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 petitioner has 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 petitioner is 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.335 of 2016 and consider bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

1. The II Additional Sessions Cum PCR Court, Thirunelveli District (Special Court for SC/ST Act cases).

2.The Inspector of Police, Taluk Police Station, Thirunelveli, Thirunelveli District.

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

+One cc to M/s.A.Anandan, Advocate, SR.No.83781 trp RL/5C/2P/SKN/SAR2/2.1.2017 Crl.O.P.(MD) No.24198 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 29.12.2016