Mayan v. The 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.8914 of 2016 1.Mayan 2.Siva 3.Sakthi 4.Thonthy @ Ganesan 5.Palpandi @ Pichaipandi ... Petitioners/A1 to A5 -vsState rep. by The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No.97/2016)

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III-Additional District and Sessions Judge (PCR), Madurai to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.97 of 2016 pending investigation on the file of the respondent.

For Petitioner : Mr.P.Ammavasai For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the III-Additional District and Sessions Judge (PCR), Madurai, to consider the bail application filed by the petitioners on the same day of their surrender in Cr.No.97 of 2016 on the file of the respondent police.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in Crime No.97 of 2016 registered for the alleged offences under Sections 147, 341, 323, 355 and 506(i) IPC r/w Section 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 petitioners cannot move any anticipatory bail application and therefore, the petitioners have 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 and the major part of the investigation is over. https://hcservices.ecourts.gov.in/hcservices/

4. Having regard to the facts and circumstances of the case, the petitioners are directed to appear 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.97 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.

5.This Criminal Original Petition is accordingly disposed of. Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To:

1. The III-Additional District and Sessions Judge (PCR),- Madurai.

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

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

+1CC to M/S.P.Ammavasai, Advocate, SR.No. 29399 Crl.O.P.(MD) No.8914 of 2016 10.06.2016 gcg AM/AAL.MPA/SAR-III/14.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/