Madras High CourtCRL OP(MD)/9955/2016disposed of

K.Ravi v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2016

CORAM:

THE HONOURABLE Dr.JUSTICE S.VIMALA Crl.O.P.(MD).No.9955 of 2016 K.Ravi .. Petitioner Vs.

1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

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

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned III Additional District and Sessions Judge PCR Madurai to consider the bail application of the petitioner Accused No.4 if any filed by him on his surrender on the same day in Cr.No.211 of 2016 on the file of the 2nd respondent police. For Petitioner : Mr.R.Vijayagopal For Respondents : Mr.K.V.Rajarajan Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the learned III Additional District and Sessions Judge, PCR, Madurai to consider the bail application of the the petitioner on the same day of his surrender in Crime No.211 of 2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents. 3.The sum and substance of the complaint against the petitioner/A4 is that on 22.04.2016 the petitioner along with other accused, abused the defacto complainant and her family members in filthy language and also by his caste name. He has also attacked the defacto complainant by using a stick broom. The said complaint has been registered in Crime No.211 of 2016 for the alleged offences under Sections 147, 148, 294(b), 324, 355 and 506(ii) IPC r/w 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Ordinance Act, 2014.

4.It is represented by the learned counsel for the petitioner that due to previous enmity, the petitioner has been falsely implicated in the case and he has no connection whatsoever with the alleged occurrence. It is also represented that co-accused/A5 has already been granted bail by the learned III Additional District and Sessions JUDGe (PCR), Madurai in Cr.M.P.No.1553 of 2016. The learned counsel has also https://hcservices.ecourts.gov.in/hcservices/

submitted 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. 5.The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the injured has been discharged from the hospital and that the major part of the investigation is over. 6.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.211 of 2016 and consider his bail application and dispose of the same on merits and in accordance with law, on the same day of his surrender.

7.With the above direction, this petition is disposed of. Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The III Additional District and Sessions Judge, PCR, Madurai 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Vadipatti Police Station, Madurai District.

4.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Vijaya Gopal, Advocate in SR.No.33468 Crl.O.P(MD)No.9955 of 2016 24.06.2016 mj PA/SKS-RR/14.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/