Madras High CourtCRL OP(MD)/7387/2016ordered

Murugan, S/O.Perumal, v. The Inspector Of Police,

2016-06-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.7387 of 2016 1.Murugan 2.Sridhar 3.Baskaran 4.Pushpavalli 5.Mohana 6.Panjavarnam 7.Veerachinnu 8.Ponnuthaye ..Petitioners/Accused 1-3 & 6-10 Vs.

State rep. by the Inspector of Police, Vadipatty Police Station, Madurai District.

(Crime No.211 of 2016) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the III Additional Sessions Court (Special Court constituted under Scheduled Caste and the Scheduled Tribes Prevention of Atrocities Act, 1989), Madurai to consider the bail application on merits and dispose of the bail application on the same day in the event of their surrender pending investigation in Crime No.211 of 2016 on the file of the respondent herein.

For Petitioner : Mr.K.Rajeshwaran For respondents : Mr.S.Prabhu, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the III Additional Sessions cum Special Court constituted under SC/ST Act, Madurai to consider the bail application of the petitioners on the same day of their surrender.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioners would submit that it is a case of false complaint registered against the petitioners under Sections 147, 148, 294(b), 324, 355 and 506(ii) IPC r/w Section 3(2)(V)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, to wreck vengeance. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that there are two civil suits pending between the accused and the defacto complainant in O.S.Nos.39 of 2015 and 18 of 2016.

4.The learned Government Advocate (Criminal side), on instructions, would submit that the injured has been discharged from the hospital on 29.04.2016 and the major part of the investigation is over. It is also reported that the co-accused has already been released on bail.

5.Under such circumstances, the III Additional Sessions cum Special Court constituted under SC/ST Act, Madurai is directed to consider the 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.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS) To

1. The III Additional Sessions Judge,(Special Court constituted under Scheduled Caste and the Scheduled Tribes Prevention of Atrocities Act, 1989), Madurai.

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

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

+1cc to Mr.K.Rajeshwaran, Advocate in SR.28169 Crl.O.P(MD)No.7387 of 2016 03.06.2016 gcg PBK/GSV-PM/SAR-II 07.06.2016 ::2p-5c:(IT) https://hcservices.ecourts.gov.in/hcservices/