Madras High Court

CRL OP(MD)/24021/2016 of RAMESH KRISHNAN, 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.24021 of 2016 Ramesh Krishnan ... Petitioner/ Accused No.6 -Vs- The State represented by The Inspector of Police, D2 Karimedu Police Station, Madurai City. Crime No.1849 of 2009 ...

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.24021 of 2016

Ramesh Krishnan... Petitioner/ Accused No.6

-Vs-

The State represented byThe Inspector of Police,D2 Karimedu Police Station,Madurai City. Crime No.1849 of 2009... Respondent /Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the learned IIIAdditional District and Sessions Judge Cum PCR Court, Madurai, topass order on the bail petition filed by the petitioners on thesame day of surrender in Spl.S.C.No.29 of 2014 on the file of theIII Additional District and Sessions Judge (PCR), Maduraipertaining to Crime NO.1849 of 2009 on the file of the Inspectorof Police, D2. Karimedu Police Station, Madurai city.

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O R D E R

This petition has been filed seeking a direction to thelearned III Additional District and Sessions Judge Cum PCR Court,Madurai, to pass order on the bail petition filed by thepetitioners on the same day of surrender in Spl.S.C.No.29 of 2014on the file of the III Additional District and Sessions Judge(PCR), Madurai pertaining to Crime No.1849 of 2009 on the file ofthe Inspector of Police, D2. Karimedu Police Station, Maduraicity.

2. The sum and substance of the complaint is that a wordyquarrel arose between the petitioners and the defacto complainant,https://hcservices.ecourts.gov.in/hcservices/the petitioners attacked the defacto complainant by mentioningtheir caste name and caused simple injuries. The said complaint has been registered in Crime No.1849 of 2009 of 2016 for thealleged offences under Sections 147, 448, 427 and 323 of IPC r/w.Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribes(Prevention of Atrocities) Act.

3. Learned counsel for the petitioner 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 petitioner has come up withthis petition.

4. Heard the learned Government Advocate (Crl. Side)appearing for the respondent.

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.1849 of 2009and 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/

To:

1. The III Additional District and Sessions Judge Cum PCR Court, Madurai.

2. The Inspector of Police, D2 Karimedu Police Station,Madurai City.

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

+1 cc to M/s.N.Mohideen Basha, Advocate in SR.No. 83843

trp

CSL/SKN/SAR-I/02.01.2017 : 2P/5C

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