Madras High CourtCRL OP(MD)/9687/2016closed

Balu@K.Balachandre v. The Inspector Of Police

2016-06-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2016

CORAM:

THE HONOURABLE Dr.JUSTICE S.VIMALA Crl.O.P.(MD).No.9687 of 2016 1.Balu @ K.Balachandar 2.R.Suresh 3.M.Raja .. Petitioners Vs.

The Inspector of Police, TMCH Police Station Thanjavur Crime No.219 of 2016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Ist Additional Sessions Judge cum Special Judge for PCR Cases, Thanjavur to accept the surrender of the petitioners and to consider the bail applications to be filed by the petitioners in Crime No.219 of 2016 on the file of the respondent police on the same day.

For Petitioner : Mr.B.Janarthkumar For respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3.The respondent has registered a case against the petitioners under Sections 294(b), 342, 326 IPC r/w 3 (1)(x), 3(2)(V-a) of SC/ST Act of POA (Amended) Act 2015. The petitioners are stated to be the employees of Equitas Finance Company, Thanjavur. The de-facto complainant is stated to have borrowed a loan for purchase of a lorry and he was remitting the loan in installments. When there was a balance of Rs.76,800/- to be payable, on account of non payment, the petitioners have seized the lorry. It is alleged that on account of that enmity, a false case has been registered against these petitioners.

4.According to the learned Government Advocate (Crl. Side), the injured has been discharged from the hospital and major part of the investigation is over. It is also admitted that injury is not grievous in nature.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned counsel for the petitioners brought to the attention of this Court that the de-facto complainant had bitten the finger of the

third petitioner herein and also a case has been registered against the de-facto complainant also.

6.Under such circumstances, the learned Ist Additional Sessions Judge cum Special Judge for PCR Cases, Thanjavur, is directed to consider the bail application of the petitioners and pass orders on merits on the same day of their surrender.

With the above direction, this petition is disposed of. Sd/ Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1.The Ist Additional Sessions Judge cum Special Judge for PCR Cases, Thanjavur 2.The Inspector of Police, TMCH Police Station Thanjavur 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to M/S.B.Jenarth Kumar, Advocate in SR.No.31586 Crl.O.P(MD)No.9687 of 2016 21.06.2016 RR PA/AAL-MPA/SAR III/22.06.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/