Kalimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.8902 of 2016 Kalimuthu ... Petitioner/A2 -vsState rep. by The Sub-Inspector of Police, Aaviyur Police Station, Virudhunagar District.

(Crime No.71/2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned (*)Principal Sessions Court(PCR Cases),Virudhunagar District at Srivilliputhur to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.71 of 2016 on the file of the respondent.

For Petitioner : M/S.D.Balamurugan For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the (*)Principal Sessions Court(PCR Cases),Virudhunagar District at Srivilliputhur to consider the bail application filed by the petitioner on the same day of his surrender in Cr.No.71 of 2016 on the file of the respondent police.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in Crime No.71 of 2016 for the alleged offences under Sections 341, 294(b), 323, 355 and 379(NP) IPC r/w Section 3(1)(r)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with the aforesaid prayer.

3. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital on 30.05.2016 and the value of the property is only Rs.7,000/- and that the investigation is almost completed.

4. Having regard to the facts and circumstances of the case, the petitioner is directed to appear before the Court concerned within ten days from the date of receipt of a copy of this order and file a bail https://hcservices.ecourts.gov.in/hcservices/

application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.71 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.

5.This Criminal Original Petition is disposed of accordingly. Sd/ Assistant Registrar(AE) (*)Amended as the order of this Hon'ble Court made in Crl.MP(MD)No.5740/2016 in Crl.OP(MD)No.8902/2016 dated 20.07.2016 by SVJ. Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To:

To be substituted to the order already despatched on 14/06/2016.

1. The Principal Sessions Judge(PCR Cases), Virudhunagar District at Srivilliputhur.

2. The Additional Sessions Judge (PCR), Madurai.

3. The Sub-Inspector of Police, Aaviyur Police Station, Virudhunagar District.,

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

Crl.O.P.(MD) No.8902 of 2016 10.06.2016 gcg AM/AAL.MPA/SAR-III/14.06.2016/2P/5C AM/GSV-PM//SAR-III/10.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/