Madras High CourtCRL OP(MD)/9409/2016disposed of

K.Alagupandi v. The Inspector Of Police

2016-06-24Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.9409 of 2016 K.Alagupandi ... Petitioner/A1 -vsState rep. by the Inspector of Police, Kallikudi Police Station, Madurai District.

(Crime No.141/2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned 3rd -Additional District and Sessions Judge (PCR cases), Madurai District to consider the bail application of the petitioner on the same day of his surrender in Crime No.141 of 2016 on the file of the respondent Police. For Petitioner : Mr.M.Chellapandian For Respondent : Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed seeking a direction to the learned III-Additional District and Sessions Judge (PCR), Madurai, to consider the bail application of the petitioner on the same day of his surrender in Crime No.141 of 2016.

2.The sum and substance of the complaint is that one wall poster which was affixed in the house of the defacto complainant has been fallen down, due to which the petitioner along with two others came to the house of the defacto complainant and abused her in filthy language and also abused her by caste name. The said complaint has been registered in Crime No.141 of 2016 for the alleged offences under Sections 294-B, 427, 506(i) IPC r/w 3(2)(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 no one sustained injury in this case and that the major part of the investigation over. https://hcservices.ecourts.gov.in/hcservices/

5.Having regard to the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned 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.141 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(AS) /True Copy/ Sub Assistant Registrar.

To:

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

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

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

+1CC to M/S.M.Chellapandiyan, Advocate, SR.No. 33135 Crl.O.P.(MD) No.9409 of 2016 24.06.2016 gcg AM/GSV.PM/SAR-II/29.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/