Madras High Court
CRL OP(MD)/24064/2016 of BALAJI, S/O.REGUPATHY, 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.24064 of 2016 1. Balaji 2. Elavarasan ... Petitioners/Accused No.2& 3 -Vs- The State represented by 1. The Deputy Superintendant of Police, Papanasam Sub Division, Thanjavur District. 2.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.12.2016
CORAM
THE HON'BLE MR.JUSTICE R. MAHADEVAN
Crl.O.P.(MD) No.24064 of 2016
1. Balaji 2. Elavarasan ... Petitioners/Accused No.2& 3-Vs- The State represented by1. The Deputy Superintendant of Police, Papanasam Sub Division, Thanjavur District.
2. The Inspector of Police, Melathur Police Station, Melathur, Thanjavur District. (Cr.No.105 of 2016)... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the I AdditionalDistrict and Sessions Judge (Special Judge for PCR Cases),Thanjavur, Thanjavur District, to consider the bail petition ofthe petitioners in connection with Crime No.105 of 2016, pendinginvestigation on the file of the 2[nd] respondent police herein onthe same day of their surrender.
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O R D E R
This petition has been filed seeking a direction to the IAdditional District and Sessions Judge (Special Judge for PCR Cases),Thanjavur, Thanjavur District, to consider the bail petition of thepetitioners in connection with Crime No.105 of 2016, pendinginvestigation on the file of the 2[nd] respondent police herein on thesame day of their surrender.
2. The sum and substance of the complaint is that a wordyquarrel arose between the petitioners and the defacto complainant, thepetitioners attacked the defacto complainant by mentioning their castehttps://hcservices.ecourts.gov.in/hcservices/name and caused simple injuries. The said complaint has beenregistered in Crime No.56 of 2016 for the alleged offences underquarrel arose between the petitioners and the defacto complainant, thepetitioners attacked the defacto complainant by mentioning their castehttps://hcservices.ecourts.gov.in/hcservices/name and caused simple injuries. The said complaint has beenregistered in Crime No.56 of 2016 for the alleged offences under Sections 341, 324 of IPC and Section 3(1)(r)(s) and 3(2) (Va) of theScheduled Caste and Tribes (Prevention of Atrocities) Amendment andOrdinance Act 2014.
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. Heard the learned Government Advocate (Crl. Side) appearingfor the respondents.
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.105 of 2016 and consider bailapplication of the petitioners and dispose of the same on merits andin accordance with law, on the same day of their surrender.
6. This Criminal Original Petition is disposed of accordingly.Sd/- Assistant Registrar /True Copy/
Sub Assistant Registrar
trp
To:1. The I Additional District and Sessions Judge (Special Judge for PCR Cases), Thanjavur, Thanjavur District,
2. The Deputy Superintendant of Police, Papanasam Sub Division, Thanjavur District.3. The Inspector of Police, Melathur Police Station, Melathur, Thanjavur District. (Cr.No.105 of 2016)
4 The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.+1CC to Mr.A.Thiruvadikumar, Advocate Sr.No.83849
GJM/MPA/SAR-I-2.1.17-2p-6C