Madras High Court
CRL OP(MD)/24018/2016 of SRI HARI PRASANTH @ HARI, 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.24018 of 2016 Sri Hari Prasath @ Hari ... Petitioner/ Accused No.1 -Vs- The State represented by 1. The Deputy Superintendant of Police, Pabanasam, Thanjavur District. 2. The Inspector of
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.24018 of 2016
Sri Hari Prasath @ Hari... Petitioner/ Accused No.1
-Vs-
The State represented by
1.The Deputy Superintendant of Police, Pabanasam, Thanjavur District.
2.The Inspector of Police, Papanasam Police Station, Thanjavur District. (Cr.No.451 of 2016)... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of theCode of Criminal Procedure, praying to direct the I AdditionalDistrict and Sessions Judge Cum PCR Court, Thanjavur to accept thesurrender of the petitioner and to consider his bail petition onthe same day in connection with Crime No.451 of 2016 on the fileof the 2[nd] respondent police.For Petitioners: Mr.B. Jameel ArasuFor 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 Cum PCR Court,Thanjavur to accept the surrender of the petitioner and toconsider his bail petition on the same day in connection withCrime No.451 of 2016 on the file of the 2[nd] respondent police.
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.451 of 2016 for the allegedoffences under Sections 324 r/w. 3(1)(x) of SC/ST Act 1989. https://hcservices.ecourts.gov.in/hcservices/
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. 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.451 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/
To:
1. The I Additional District and Sessions Judge Cum PCR Court, Thanjavur.
2. The Deputy Superintendant of Police, Pabanasam, Thanjavur District.
3. The Inspector of Police,
Papanasam Police Station,Thanjavur District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1 cc to M/s.B.Jameel Arasu, Advocate in SR.No. 8
CSL/SKN/SAR-I/02.01.2017 : 2P/6C
https://hcservices.ecourts.gov.in/hcservices/