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Madras High CourtCRL OP(MD)/9218/2016disposed of

Rahul v. The Inspector Of Police

2016-06-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.9218 of 2016 Rahul

...Petitioner/A4

-vsState rep. by the Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.76/2016)

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned IAdditional District and Sessions Judge (PCR), Thanjavur to consider the bail application of the petitioner on the same day of his surrender in Crime No.76 of 2016 on the file of the respondent Police.

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

O R D E R

This petition has been filed seeking a direction to the learned I-Additional District and Sessions Judge (PCR), Thanjavur, to consider the bail application of the petitioner on the same day of his surrender in Crime No.76 of 2016.

2.The sum and substance of the complaint is that on 06.05.2016 when the defacto complainant was returning to his home, he was waylaid, brutally assaulted by the accused, abused in filthy language and also abused by his caste name. The said complaint has been registered in Crime No.76 of 2016 for the alleged offences under Sections 147, 294(b), 323, 506(i) IPC and 3 (i)(r)(s) r/w 3(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2015.

3.Learned counsel for the petitioner submits that the petitioner has 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 petitioner 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 been discharged from the hospital and that the major part of the investigation is over.

5.Having regard to the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned https://hcservices.ecourts.gov.in/hcservices/

within ten days from the date of receipt of a copy of this order and file a bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.76 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(CS-I) /True Copy/ Sub Assistant Registrar(CS) To:

1. The I-Additional District and Sessions Judge (PCR), Thanjavur.

2. The the Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

+1cc to M/s.R.Ponkarthikeyan, Advocate in SR.30521 Crl.O.P.(MD) No.9218 of 2016 15.06.2016 gcg PBK/GSV-PM/SAR-III 15/06/2016 ::2P-5C:: (IT) https://hcservices.ecourts.gov.in/hcservices/