C.Rangasamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.04.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.3705 of 2024 C.Rangasamy Petitioner/Accused No.1 Vs 1.State Rep. by The Deputy Superintendent of Police, Thiruverumbur Range, Navalpattu Police Station, Trichy District.

2.The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

Crime No.29 of 2024 Respondent/Complainants 1 & 2 3.K.Saravanan Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Judge (PCR Cases), Trichy to consider his bail application on the surrender of the petitioner/accused on the same day in connection with Crime No.29 of 2024 dated 27.02.2024 on the file of the respondent police on merits on the same day.

1/4

For Petitioner : Mr.M.Rajarajan For R-1 & R-2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner is an accused in Crime No.29 of 2024 on the file of the second respondent police. The said case was registered for the offence under Sections 294(b), 324 and 506(2) of IPC and r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. The petitioner claims that this case is a foisted one and he will prove his innocence. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioner is inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioner seeks a direction for disposal of the bail application on the same day. 3.This Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail 2/4

application filed on the same day of his surrender and therefore, by relying upon the similar orders, the petitioner prays for similar directions. 4.Considering the facts and circumstances, the similar such orders passed by this Court, this petition is disposed of with a direction to the petitioner to surrender within a period of two weeks from today before the learned District and Sessions Judge (PCR Cases), Trichy and the learned District and Sessions Judge, is directed to entertain the bail application if any filed by this petitioner on the same day. The Public Prosecutor concerned is expected to be available in the Courts and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day.

05.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji To 1.The District and Sessions Judge (PCR Cases), Trichy. 3/4

B.PUGALENDHI,J sji

2. The Deputy Superintendent of Police, Thiruverumbur Range, Navalpattu Police Station, Trichy District.

3.The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD)No.3705 of 2024 05.04.2024 4/4