Madras High CourtCRL OP(MD)/17408/2016disposed of

S.Pandi @ Urudhamadan v. The Assistant Superintendent

2016-09-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17408 of 2016 S.Pandi @ Urudhamadan .. Petitioners/accused Rank not known Vs 1.The Assistant Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, (*)Devakottai Taluk Police Station, Sivagangai District.

(Crime No.09 of 2016) .. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Special District and Sessions Judge, (PCR), Sivagangai District to consider the bail petition on the same day in Crime No.9 of 2016 on the file of the respondent police.

For Petitioners : Mr.C.M.Arumugam For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned Special District and Sessions Judge, (PCR), Sivagangai District, to release them on bail, on the same day in the event of his surrender and filing bail application Crime No.9 of 2016 on the file of the respondent police.

2. The petitioner is accused for the offences punishable under Sections 294(b), 323, 324 and 307 IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, altered into Sections 147, 148, 294(b), 323 and 324 IPC and Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989.

3. Learned counsel for the petitioner would submit that the petitioner is innocent and he 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, he has come up with this petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the injured has been discharged from the hospital.

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 bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.9 of 2016 and consider the his bail application 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 ordered accordingly. Sd/- 15.09.2016 FOR AMENDMENT This Petitions (Crl.MP(MD)No.10136/2016 in Crl.OP(MD) No.17408/2016 having been posted on this day i.e.,21.10.2016, "for Amendment" in pursuance to the order of this court dated 15.09.2016 and made herein in the presence of the above said Advocate, this Court made the following order:- "Petition for amendment is ordered.

Time granted by this Court on 15.09.2016 in Crl.OP(MD) No.17408/2016 to comply with the order, shall stand further extended for a period of two weeks from the date on which, the copy of the order is made ready office to issue fresh order copy". Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) To:

(*)To be substituted for the order already despatched.

1. The Special District and Sessions Judge, (PCR), Sivagangai District.

2. The Assistant Superintendent of Police, Devakottai, Sivagangai District.

3. The Inspector of Police, (*)Devakottai Taluk Police Station, Sivagangai District.

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

+ 1 CC TO Mr.C.M.ARUMUGAM, ADVOCATE IN SR No. 53026 PJL TE/PV : 23/09/2016 : 2P/6C Crl.O.P.(MD) No.17408 of 2016 PBK/SK-SKN 02/11/2016 ::2P-6C:

15.09.2016 https://hcservices.ecourts.gov.in/hcservices/