Sri Hari Prasanth @ Hari, v. The Deputy Superintendent 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 -VsThe 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 the Code of Criminal Procedure, praying to direct the I Additional District and Sessions Judge Cum PCR Court, Thanjavur to accept the surrender of the petitioner and to consider his bail petition on the same day in connection with Crime No.451 of 2016 on the file of the 2nd respondent police.
For Petitioners : Mr.B. Jameel Arasu For Respondents : Mr.P. Kandasamy Govt. Advocate (Crl.Side)
O R D E R
This petition has been filed seeking a direction to the learned I Additional District and Sessions Judge Cum PCR Court, Thanjavur to accept the surrender of the petitioner and to consider his bail petition on the same day in connection with Crime No.451 of 2016 on the file of the 2nd respondent police. 2.The sum and substance of the complaint is that a wordy quarrel arose between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant by mentioning their caste name and caused simple injuries. The said complaint has been registered in Crime No.451 of 2016 for the alleged offences 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 the petitioners have been falsely implicated in the case due to previous motive and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition.
4. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has already been discharged from the hospital.
5.Having regard to the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.451 of 2016 and consider bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.
6.This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar 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 Trp CSL/SKN/SAR-I/02.01.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.24018 of 2016 29.12.2016