CRL OP(MD)/24198/2016 of SUDALAI Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 29.12.2016

CORAM

THE HON'BLE MR.JUSTICE R. MAHADEVAN

Crl.O.P.(MD) No.24198 of 2016

Sudalai

The State represented by

.The Inspector of Police,Taluk Police Station, Thirunelveli, Thirunelveli District. (Cr.No.335 of 2016)... Respondent /Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the II AdditionalSessions Cum PCR Court, Thirunelveli District (Special Court forSC/ST Act cases) to consider the bail application of thepetitioner in Crime No.335 of 2016 on the same day of surrenderand dispose of the same. For Petitioners: Mr.A. AnandanFor Respondents: Mr.P. Kandasamy Govt. Advocate (Crl.Side)

This petition has been filed seeking a direction to the IIAdditional Sessions Cum PCR Court, Thirunelveli District (SpecialCourt for SC/ST Act cases) to consider the bail application of thepetitioner in Crime No.335 of 2016 on the same day of surrenderand dispose of the same.

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.335 of 2016 for the allegedoffences under Sections 147, 341, 294(b), 323 and Section 3(1)(r),3(1)(s), 3(2)(Va) of Scheduled Caste and Scheduled Tribes(Prevention of Atrocities) Act, 1989.

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

https://hcservices.ecourts.gov.in/hcservices/3.Learned counsel for the petitioner would submit that thepetitioners have been falsely implicated in the case due topetitioners have been falsely implicated in the case due to previous 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 petitioner has 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 petitioner is directed to surrender before the Court concernedwithin ten days from the date of receipt of a copy of this orderand file bail application. The Court concerned is directed toaccept the surrender of the petitioners in Crime No.335 of 2016and consider bail application of the petitioner and dispose of thesame on merits and in accordance with law, on the same day of hissurrender.

6.This Criminal Original Petition is disposed ofaccordingly.

Sd/-Assistant Registrar

/True Copy/

Sub-Assistant Registrar

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