Madras High Court

CRL OP(MD)/24156/2016 of S. MUTHURAJA, Vs THE INSPECTOR OF POLICE, on 29 December 2016

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BENCH OF MADRAS HIGH COURT DATED: 29.12.2016 CORAM THE HON'BLE MR.JUSTICE R. MAHADEVAN Crl.O.P.(MD) No.24156 of 2016 1.S. Muthuraja 2. A . Rajkumar 3. K. Karunakaran ... Petitioners/ Accused 4,5&7 -Vs- The State represented by The Inspector of Police, Manamadurai (Cr.No.568 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.24156 of 2016

1.S. Muthuraja2.A. Rajkumar3. K. Karunakaran

... Petitioners/ Accused 4,5&7-Vs-

The State represented byThe Inspector of Police,Manamadurai (Cr.No.568 of 2016)... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the Special Courtfor exclusive trial of cases under SC/ST (Prevention ofAtrocities) Act, 1989, Sivagangai, in Crime No. 568 of 2016 on thefile of the respondent police to accept the surrender of thesepetitioners and to pass order on the same day in the bailapplications on merits.

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O R D E R

This petition has been filed seeking a direction to theSpecial Court for exclusive trial of cases under SC/ST(Prevention of Atrocities) Act, 1989, Sivagangai, in Crime No. 568of 2016 on the file of the respondent police to accept thesurrender of these petitioners and to pass order on the same dayin the bail applications on merits.

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.568 of 2016 for the allegedoffences under Sections 147,148,294(b), 153A, 307 of IPC r/w. 3(a)https://hcservices.ecourts.gov.in/hcservices/Explosive Substances Act, Section 3 of TNPPDL Act and Section 3(2)(va) of the Scheduled Caste and Tribes (Prevention of Atrocities)

Amendment and Ordinance Act 2014 and later @ under Sections147,148,294(b), 153A, 307, 212 of IPC r/w. 3(a) ExplosiveSubstances Act, Section 3 of TNPPDL Act and Sections 3(2)(va) ofthe Scheduled Caste and Tribes (Prevention of Atrocities) Act.

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/

To:

1. The Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act 1989, Sivagangai.

2. The Inspector of Police, Manamadurai Police Station, Manamadurai.

3. The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.J.William Christopher, Advocate in SR.No.82TrpCSL/MPA-EM/SAR-III/02.01.2017 : 2P/5C

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

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