Madras High CourtCRL OP(MD)/9443/2016disposed of

Suriya v. The Inspector Of Police

2016-07-06Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.9443 of 2016 1.Suriya 2.Manimaran 3.Muthukumar 4.Vinoth 5.Muthukrishnan 6.Vijay 7.Mutharasu 8.Ramar @ Anbarasu .. Petitioners Vs.

State rep. by the Inspector of Police, Melur Police Station, Madurai District.

(Crime No.280 of 2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the III Additional District Judge - cum - PCR Court, Madurai to consider the bail application of the petitioners on the same day of their surrender pending investigation in connection with the FIR in Crime No.280 of 2016 on the file of the respondent police.

For Petitioners : Mr.S.MP.Amalan For Respondent : Mr.P.Kandasamy Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the III Additional District Judge - cum - PCR Court, Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.280 of 2016.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent. 3.The sum and substance of the complaint against the petitioners is that on 25.03.2016 when the defacto complainant and his friends were returning from temple festival, the petitioners attacked the defacto complainant with weapons and caused injuries to him. They have also caused serious life threat to the defacto complainan with dire consequences. The said complaint has been registered in Crime No.280 of 2016 for the alleged offences under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 307 IPC r/w https://hcservices.ecourts.gov.in/hcservices/

3(2)(Vo) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4.It is represented by the learned counsel for the petitioners that the petitioners have no connection whatsoever with the alleged offences. It is also stated that the injured has already been discharged from the hospital. The learned counsel has also represented 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 this petition.

5.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital and major part of investigation is already over.

6.Having regard to the facts and circumstances of the case, the petitioners are 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 petitioners in Crime No.280 of 2016 and consider their bail application and dispose of the same on merits and in accordance with law, on the same day of their surrender.

7.With the above direction, this petition is disposed of. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The III Additional District Judge - cum - PCR Court, Madurai.

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

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

+1cc to Mr.M.S.JEYAKARTHICK, ADVOCATE IN SR.NO.35261 mj JA-ARK-PV-19.7.2016/2P:5C Crl.O.P(MD)No.9443 of 2016 06.07.2016 https://hcservices.ecourts.gov.in/hcservices/