Anandh and Others Vs. State represented by The Deputy Superintendent of Police, Usilampatti, Madurai District and Another

Anandh and Others vs State represented by The Deputy Superintendent of Police, Usilampatti, Madurai District and Another

Type Court Judgment Court Chennai Madurai Decided Jun 15, 2016

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https://sooperkanoon.com/case/1190492

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Citation: sooperkanoon.com/1190492
Court: Chennai Madurai High Court
Judge: The Honourable Dr.(Mrs.) Justice S. Vimala
Decided On: Jun 15, 2016
Case Number: Crl.O.P.(MD) No. 9002 of 2016
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Anandh and Others

Respondent

State represented by The Deputy Superintendent of Police, Usilampatti, Madurai District and Another

Excerpt

.....marriage. it is alleged that the accused persons came with deadly weapons in a car and bike, threatened him and used abusive language.3. learned counsel for the petitioner submits that there is no allegation of kidnapping and when thangam was produced before the hcp court, she deposed that she is employed and she is independent now; that she was not kidnapped by anybody at all.4. learned government advocate (crl.side) takes notice for the respondents and has produced documents, which show that there is no grievous hurt or injury and even though deadly weapons were said to be used, there is not even cut injuries.5. therefore, considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under section 18 of the s.c. and s.t. (prevention of atrocities) act that the petitioners cannot move any anticipatory bail, the petitioners are directed to surrender before the learned iii additional district court (p.c.r.court) madurai within ten days from the date of receipt of a copy of this order. the learned iii additional district court (p.c.r.court) madurai is directed to accept the surrender of the petitioners and consider their bail applications, in the event of the petitioners filing such petition in crime no.280 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day. with this observation, this petition is disposed of accordingly.

Full Judgment

(Prayer: Criminal riginal Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District Court (P.C.R.Court) Madurai under the SC/ST Act to consider the bail application on the surrender of the petitioner in connection with Crime No. 280 of 2016 pending investigation on the file of the Respondents on merits on the same day.)

1. This petition has been filed, seeking to direct the learned III Additional District Court (P.C.R.Court), Madurai under the SC/ST Act to consider the bail application on the surrender of the petitioner in connection with Crime No.280 of 2016 for offences under Sections 147, 148, 294(b), 307 and 363 IPC r/w 3(2)(Va) of SC/ST (PoA) Amendment Ordinance Act, pending investigation on the file of the respondents on merits on the same day.

2. The complaint preferred by one Vignesh @ Somasundareswaran states that he was in love with one Thangam (name changed) and in respect of the same, there was a problem in the village. Vignesh lodged a complaint with Usilampatti Police seeking police protection for their marriage. It is alleged that the accused persons came with deadly weapons in a car and bike, threatened him and used abusive language.

3. Learned counsel for the petitioner submits that there is no allegation of kidnapping and when Thangam was produced before the HCP Court, she deposed that she is employed and she is independent now; that she was not kidnapped by anybody at all.

4. Learned Government Advocate (Crl.Side) takes notice for the respondents and has produced documents, which show that there is no grievous hurt or injury and even though deadly weapons were said to be used, there is not even cut injuries.

5. Therefore, considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. and S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the petitioners are directed to surrender before the learned III Additional District Court (P.C.R.Court) Madurai within ten days from the date of receipt of a copy of this order. The learned III Additional District Court (P.C.R.Court) Madurai is directed to accept the surrender of the petitioners and consider their bail applications, in the event of the petitioners filing such petition in Crime No.280 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

Same Court & Year Chennai Madurai · 2016 Same Parties Anandh and Others vs State represented by The Deputy Superint... Same Subject Criminal Same Judge The Honourable Dr.(Mrs.) Justice S. Vimala