Madras High Court
CRL OP(MD)/24020/2016 of R.VIGNESH @ VIGNESH KUMAR, Vs THE DEPUTY SUPERINTENDENT OF on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED: 29.12.2016 CORAM THE HON'BLE MR.JUSTICE R. MAHADEVAN Crl.O.P.(MD) No.24020 of 2016 1. R. Vignesh @ Vignesh Kumar 2. R.A. Santhakumar 3. S. Sundara Rajan @ Sundar 4. Sugumar 5. Siva 6. Neppoliyan 7. Thivakar ... Petitioners/ Accused Nos.2,3,5,6,7,8 & 10
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.12.2016
CORAM
THE HON'BLE MR.JUSTICE R. MAHADEVAN
1. R. Vignesh @ Vignesh Kumar
2. R.A. Santhakumar
3. S. Sundara Rajan @ Sundar 4. Sugumar
5. Siva
6. Neppoliyan
1. The Deputy Superintendant of Police, Lalgudi, Trichy District.
2. The State represented by The Inspector of Police, Kollidam Police Station, Trichy District. (Cr.No.758 of 2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the learned IAdditional District and Sessions Judge cum PCR Court, TrichyDistrict, to accept the surrender of the petitioners and to considertheir bail application on the same day in connection with CrimeNo.758 of 2016 on the file of the 2[nd] respondent police on the sameday of their surrender.
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O R D E R
This petition has been filed seeking a direction to thelearned I Additional District and Sessions Judge cum PCR Court,Trichy District, to accept the surrender of the petitioners and toconsider their bail application on the same day in connection withCrime No.758 of 2016 on the file of the 2[nd] respondent police on thesame day of their surrender.
https://hcservices.ecourts.gov.in/hcservices/2.The sum and substance of the complaint is that a wordyquarrel arose between the petitioners and the defacto complainant,the petitioners attacked the defacto complainant by mentioning their caste name and caused simple injuries. The said complaint has beenregistered in Crime No.758 of 2016 for the alleged offences underSections 147, 148, 294(b), 323, 324, 506(ii) of IPC and r/w. 3(1)(r), 3(2)(va) of the Scheduled Caste and Tribes (Prevention ofAtrocities) Amendment and Ordinance Act, 2015.
3. Learned counsel for the petitioners would submit that thepetitioners have been falsely implicated in the case due to previousmotive and that in view of the specific bar under Section 18 of thesaid Act, the petitioners cannot move any anticipatory bailapplication and therefore, the petitioners have come up with thispetition.
4. Learned Government Advocate (Crl. Side) appearing for therespondent would submit that the injured has already been dischargedfrom the hospital.
5. Having regard to the facts and circumstances of the case,the petitioners are directed to surrender before the Court concernedwithin ten days from the date of receipt of a copy of this order andfile bail application. The Court concerned is directed to accept thesurrender of the petitioners in Crime No.758 of 2016 and considerbail application of the petitioners and dispose of the same onmerits and in accordance with law, on the same day of theirsurrender.
6. This Criminal Original Petition is disposed of accordingly.
/True Copy/
Sub Assistant Registrar
To:1. The I Additional District and Sessions Judge cum PCR Court, Trichy District.2. The Deputy Superintendant of Police, Lalgudi, Trichy District. 3. The State represented by The Inspector of Police, Kollidam Police Station, Trichy District. 4. The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.B. Jameel Arasu, ADVOCATE IN SR No. 7
TRP
TE/EM-MPA/SAR-II : 02/01/2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/