Madras High Court
CRL OP(MD)/24053/2016 of K. VASANTHA LAKSHMI, 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.24053 of 2016 1.K. Vasantha Laksmi 2. T.Kalyanasundaram ... Petitioners/ Accused No.2&3 -Vs- 1. The Deputy Superintendant of Police, Kumbakonam Sub Division, Thanjavur District. 2. The
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.24053 of 2016
1.K. Vasantha Laksmi2. T.Kalyanasundaram ... Petitioners/ Accused No.2&3-Vs-
1. The Deputy Superintendant of Police,
Kumbakonam Sub Division, Thanjavur District.
2. The State represented by The Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District. (Cr.No.11 of 2016)... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the learned IAdditional District and Sessions Judge, (Special Judge for PCRCases), Thanjavur, Thanjavur District, to consider and dispose ofthe bail application filed by the petitioners in Crime No.11 of2016 on the file of the 2[nd] respondent police on the same day oftheir surrender.
For Petitioners: Mr.A. ThiruvadikumarFor Respondents: Mr.P. Kandasamy Govt. Advocate (Crl.Side)
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O R D E R
This petition has been filed seeking a direction to thelearned I Additional District and Sessions Judge, (Special Judge forPCR Cases), Thanjavur, Thanjavur District, to consider and dispose ofthe bail application filed by the petitioners in in Crime No.11 of2016 on the file of the 2[nd] respondent police on the same day of theirsurrender.
2. The sum and substance of the complaint is that a wordyquarrel arose between the petitioners and the defacto complainant, thepetitioners attacked the defacto complainant by mentioning their castehttps://hcservices.ecourts.gov.in/hcservices/name and caused simple injuries. The said complaint has beenregistered in Crime No.568 of 2016 for the alleged offences under Section 376 of IPC, r/w. Section 3(1)(r)(s) and 3(1)(w)(i) of theScheduled Caste 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 to previousmotive and that in view of the specific bar under Section 18 of thesaid Act, the petitioners cannot move any anticipatory bailapplication and therefore, the petitioners have come up with thispetition.
4. Learned Government Advocate (Crl. Side) appearing for therespondent would submit that the injured has already been dischargedfrom the hospital.
5. Having regard to the facts and circumstances of the case,the petitioners are directed to surrender before the Court concernedwithin ten days from the date of receipt of a copy of this order andfile bail application. The Court concerned is directed to accept thesurrender of the petitioners in Crime No.11 of 2016 and consider bailapplication of the petitioners and dispose of the same on merits andin accordance with law, on the same day of their surrender.
6. This Criminal Original Petition is disposed of accordingly.Sd/- Vacation Officer /True Copy/
Sub Assistant Registrar
trpTo:1. The Deputy Superintendant of Police, Kumbakonam Sub Division, Thanjavur District.
2. The State represented by The Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District. (Cr.No.11 of 2016)
3. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.+1CC to Mr.A.Thiruvadikumar, Advocate Sr.No.83849
GJM/SKN/SAR-III-2.1.17-2p-5C
https://hcservices.ecourts.gov.in/hcservices/