Madras High CourtCRL OP(MD)/8545/2016disposed of

Kumar @ Rathina Kumar v. The Deputy Superintendent Of

2016-06-08Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.8545 of 2016 1.Kumar @ Rathina Kumar 2.Dina @ Dineshkumar 3.Rengeswaran 4.Rahul @ Raghavendran .. Petitioners/Accused Vs.

State rep. by 1.Deputy Superintendent of Police, Thiruverambur Range, Navalpattu Police Station, Trichy District.

2.The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

(Crime No.363 of 2015) .. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st Additional District Judge cum P.C.R. Court, Trichy, to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Cr.No.363 of 2015 on the file of the 2nd respondent Police on the very same day.

For Petitioner : Mr.B.Jameel Arasu For respondents : Mr.A.P.Balasubramani, Government Advocate Criminal side)

ORDER

It is an application seeking a direction to the 1st Additional District Judge (P.C.R.. Court), Tiruchirapalli, 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. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioners would submit that the petitioners did not call the defacto complainant by caste name

and due to political motive, a false complaint registered against the petitioners under Sections 147, 148, 294(b), 323, 324 and 506 (ii) IPC r/w Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4.The learned Government Advocate (Criminal side), on instructions, would submit that there are two injured in this case and after taking treatment for 15 days, they have been discharged from the hospital. It is also reported that the co-accused has already been released on bail.

5.Under such circumstances, the I-Additional District Judge (P.C.R), Tiruchirapalli 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 (P&A) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Thiruverambur Range, Navalpattu Police Station, Trichy District.

2. The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

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

4. The I-Additional District Judge (P.C.R), Tiruchirapalli +1cc to M/s.B.Jameel Arasu, Advocate, Sr.No.29395 Gcg JM/AAL-MPA/SAR-I/09.06.2016/2P-6C Crl.O.P(MD)No.8545 of 2016 08.06.2016 https://hcservices.ecourts.gov.in/hcservices/