Revathy Lakshmi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P .(MD)No.5012 of 2024 Revathy Lakshmi Petitioner Vs.

1.The Deputy Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(In Crime No.167 of 2024) 3.Nagajothi

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge for SC/ST Cases, Dindigul to consider the bail application to be filed by the petitioner on the same day of her surrender in Crime No.167 of 2024 on the file of the second respondent police.

For Petitioner : Mr.N.Balasubramanian For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

O R D E R

The petitioner is the sole accused in Crime No.167 of 2024, dated 15.03.2024, registered on the file of Dindigul Taluk Police Station for the offence under Sections 294b, 324 of IPC and 3(1)(s), 3(1)(r), 3(2) (va), 3(a)(za) (c) of SC/ST (POA) 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 she will prove her 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 application filed on the same day of their surrender and therefore, by relying upon the similar orders, the petitioner prays for similar directions.

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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 Special Judge for SC/ST Cases, Dindigul and the learned Presiding Officer of the Special Court 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 Court 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.

01.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Special Court for SC/ST Cases, Dindigul 2.The Deputy Superintendent of Police, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

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B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.5012 of 2024 01.04.2024 5/5