Madras High Court
CRL OP(MD)/24095/2016 of MALAIRAJ Vs THE INSPECTOR OF POLICE 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.24095 of 2016 1.Malairaj 2.Parvathi ... Petitioners/ Accused Nos.1 to 3 -Vs- The State represented by The Inspector of Police, Sivagangai Town Police Station, Sivagangai (Cr.No.994 of 2016)
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.24095 of 2016
1.Malairaj2.Parvathi ... Petitioners/ Accused Nos.1 to 3
-Vs-
The State represented byThe Inspector of Police,Sivagangai Town Police Station,Sivagangai (Cr.No.994 of 2016)... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the Sessions Judge,Special Court for exclusive trial of cases under SC/ST (Preventionof Atrocities) Act, Sivagangai to consider the bail petition ofthe petitioners on the same day on their surrender in connectionwith Crime No.994 of 2016 on the file of the respondent police.
For Petitioners: Mr.A. Mohan
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O R D E R
This petition has been filed seeking a direction to theSessions Judge, Special Court for exclusive trial of cases underSC/ST (Prevention of Atrocities) Act, Sivagangai to consider thebail petition of the petitioners on the same day on theirsurrender in connection with Crime No.994 of 2016 on the file ofthe respondent police.
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 complainthas been registered in Crime No.994 of 2016 for the allegedoffences under Sections 341, 294(b), 323, 506(i) of IPC andhttps://hcservices.ecourts.gov.in/hcservices/Section 3(1)(x) of the Scheduled Caste and Tribes (Prevention ofAtrocities) 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. Learned Government Advocate (Crl. Side) appearing forthe respondent would submit that the injured has already beendischarged from the hospital.
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 CrimeNo.994 of 2016 and consider bail application of the petitionersand dispose of the same on merits and in accordance with law, onthe same day of their surrender.
6. This Criminal Original Petition is disposed ofaccordingly.
sd/-
Assistant Registrar
/True Copy/
trpTo:
1. The Sessions Judge, Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act, Sivagangai
2. The Inspector of Police, Sivagangai Town Police Station, Sivagangai
3. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.
+1CC to Mr.A.Mohan, Advocate Sr.No.83754
GJM/SS3/SAR-2-2.1.17-2p-5C
https://hcservices.ecourts.gov.in/hcservices/