Ajith @Ajith Mayee v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.04.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.5787 of 2024 1.Ajith @ Ajith Mayee 2.Vinoth Petitioners/A1 & A2 Vs 1.The Deputy Superintendent of Police, Usilampatti, Madurai.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

Crime No.71 of 2024.

Respondents/Complainants 3.Rajesh Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.71 of 2024, on the file of the respondent.

1/4

For Petitioners : Mr.S.Ramachandra Pradeep For R-1 & R-2 : Mr.P.Kottaichamy Government Advocate (Crl. side)

O R D E R

The petitioners are accused in Crime No.71 of 2024 on the file of the second respondent police. The said case was registered for the offence under Sections 147, 148, 294(b), 323 and 324 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 petitioners claim that this case is a foisted one and they can prove their innocence. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioners seek 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 2/4

filed on the same day of their surrender and therefore, by relying upon the similar orders, the petitioners pray 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 petitioners to surrender within a period of two weeks from the date of receipt of a copy of this order before the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, which, in turn, is directed to entertain the bail application if any filed by these petitioners 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. 16.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji 3/4

B.PUGALENDHI,J sji To 1.The Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai. 2.The Deputy Superintendent of Police, Usilampatti, Madurai.

3.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

Order made in Crl.O.P.(MD)No.5787 of 2024 16.04.2024 4/4