Madras High Court
CRL OP(MD)/24101/2016 of SURULI 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.24101 of 2016 1.Suruli 2.Thangadurai 3.Manikandan 4.Kubdendran 5.Perumal 6.Anjuneyar 7.Murugesan @ Andisamy 8.Thangadurai 9.Andichi 10.Murugan 11.Mariyappan 12.Pandiraj @ Pandi 13.Ganesan
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Relief
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.24101 of 2016
1.Suruli2.Thangadurai3.Manikandan4.Kubdendran5.Perumal6.Anjuneyar7.Murugesan @ Andisamy8.Thangadurai9.Andichi10.Murugan11.Mariyappan12.Pandiraj @ Pandi13.Ganesan14.Krishnan15.Pandi16.Annadurai17.Bavun18.Meena ... Petitioners/ Accused 1,3 to 19-Vs-1.The State represented by The Deputy Superintendant of Police, Chinnamanur Police Station, Theni District (Cr.No.679 of 2016)... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the learnedPrincipal and Sessions Judge designated court for trial of casesof the Schedule Caste / Schedule Tribes Act, Theni to consider thebail application of the petitioners / accused filed by them ontheir surrender in connection with Crime No.679 of 2016 on thefile of the respondent police on the same day.
For Petitioners: Mr.Venkateswaran For Respondents: Mr.P. Kandasamy Govt. Advocate (Crl.Side)For Intervenor: Mr.V.Thirumal
https://hcservices.ecourts.gov.in/hcservices/
For Intervenor
O R D E R
This petition has been filed seeking a direction to thelearned Principal and Sessions Judge designated court for trial ofcases of the Schedule Caste / Schedule Tribes Act, Theni toconsider the bail application of the petitioners / accused filedby them on their surrender in connection with Crime No.679 of 2016on the file of the respondent police on the same day.
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.758 of 2016 for the allegedoffences under Sections 341, 147, 148, 294(b), 323, 324, 354, 506(ii) of IPC and r/w. 3(1)(r)(s) and 3(2)(va) of the ScheduledCaste and Tribes (Prevention of Atrocities) Amendment andOrdinance Act, 2015.
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. The learned counsel appearing for the intervenorvehemently opposed to consider the bail application of thepetitioners on the same day.
5. Heard the learned Government Advocate (Crl. Side)appearing for the respondent.
6. 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.679 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.
7. This Criminal Original Petition is disposed ofaccordingly.
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
3
To:
1. The learned Principal and Sessions Judge designated court for trial of cases of the Schedule Caste/ Schedule Tribes Act, Theni
2. The Deputy Superintendant of Police, Chinnamanur Police Station, Theni District
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1 cc to M/s.R.Venkateswaran, Advocate in SR.No. 83738
+1 cc to M/s.Nagai Thiruvalluvan, Advocate in SR.No. 83737
trp
CSL/SKN/SAR-II/02.01.2017 : 2P/6C
29.12.2016