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Madras High CourtCRL OP(MD)/9539/2016disposed of

R.Murugan, v. The Inspector Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.9539 of 2016 R.Murugan .. Petitioner/Accused No.3 .Vs.

State by Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.194 of 2016) .. Respondent/Complainant PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the learned Sessions Judge (P.C.R. Court), Sivagangai to accept the surrender of the petitioner in connection with the Crime No.194 of 2016 pending investigation on the file of the respondent police and to consider and pass orders in the bail application on the same day.

For Petitioner :Mr.V.Kannan For Respondent :Mr.A.P.Balasubramani, Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the learned Sessions Judge (P.C.R. Court), Sivagangai to accept the surrender of the petitioner in connection with the Crime No.194 of 2016 and consider his bail application on the same day of his surrender. 2.According to the prosecution, on 13.04.2016 the defacto complainant went to the bar along with his relative and as the liquor was sold for higher price, he raised question about the market price and during that occurrence, the defacto complainant is said to have been beaten with iron rod and wooden log by the petitioner and others. The said complaint has been registered in Crime No.194 of 2016 for the alleged offences under Sections 341, 294(b), 324 and 506(ii) IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

3.Learned counsel for the petitioner would submit that due to political enmity, the petitioner has been falsely implicated in the case 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 admitted in the hospital on 13.04.2016 and discharged on 15.04.2016 and that the major part of the investigation over.

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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.194 of 2016, consider the 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(Records) /TRUE COPY/ Sub Assistant Registrar To 1.The Sessions Judge (P.C.R. Court), Sivagangai.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

3.The Additional Govt.Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.V.Kannan, Advocate in SR.No.31525 Crl.O.P(MD)No.9539 of 2016 20.06.2016 gcg PA/GSV-PM/SAR II/21.06.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/