Madras High Court
CRL OP(MD)/24151/2016 of RASU THEVAR 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.24151 of 2016 1. Rasu Devar 2. Saraswathi ... Petitioners/ Accused Nos.2 to 3 -Vs- The State represented by 1. The Deputy Superintendant of Police, Usilampatti, Madurai District. 2. The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 29.12.2016CORAM
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1. Rasu Devar2. Saraswathi
The State represented by
1. The Deputy Superintendant of Police, Usilampatti, Madurai District.
2. The Inspector of Police,All Women Police Station,Usilampatti, Madurai District.
(Cr.No.56 of 2016)
... Respondents/Complainant
Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the III AdditionalDistrict Court (PCR Court), Madurai under the SC/ST Act,Sivagangai to consider the bail petition of the petitioners inconnection with Crime No.56 of 2016, pending investigation on thefile of the respondent police on merits on the same day.
This petition has been filed seeking a direction to theIII Additional District Court (PCR Court), Madurai under theSC/ST Act, Sivagangai to consider the bail petition of thepetitioners in connection with Crime No.56 of 2016, pendinginvestigation on the file of the respondent police on merits onthe same day.
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 mentioningtheir caste name and caused simple injuries. The said complainthttps://hcservices.ecourts.gov.in/hcservices/has been registered in Crime No.56 of 2016 for the allegedoffences under Sections 366,317,376,506(i), 109 of IPC and r/w.Section 3(1)(w)(i) of of the Scheduled Caste and Tribes (Prevention of Atrocities) Amendment and Ordinance Act 2014.
3. Learned counsel for the petitioners would submit that thepetitioners have been falsely implicated in the case due toprevious motive and that in view of the specific bar under Section18 of the said Act, the petitioners cannot move any anticipatorybail application and therefore, the petitioners have come up withthis petition.
4. Heard the learned Government Advocate (Crl. Side)appearing for the respondents.
5. Having regard to the facts and circumstances of the case,the petitioners are directed to surrender before the Courtconcerned within ten days from the date of receipt of a copy ofthis order and file bail application. The Court concerned isdirected to accept the surrender of the petitioners in Crime No.56of 2016 and consider bail application of the petitioners anddispose of the same on merits and in accordance with law, on thesame day of their surrender.
6. This Criminal Original Petition is disposed ofaccordingly.
/True Copy/
Sub Assistant Registrar
To:
1. The III Additional District Judge(PCR Court), Madurai.
2. The Deputy Superintendant of Police, Usilampatti,Madurai District.
3. The Inspector of Police, All Women Police Station, Usilampatti,Madurai District.
4. The Additional Publi Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.24151 of 2016