Madras High CourtCRL OP(MD)/5848/2024ordered

Ganesan v. The Deputy Superintendent Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.5848 of 2024 Ganesan ... Petitioner Vs

1. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Oomachikulam, Madurai District.

2. The Inspector of Police, Appanthiruppathy Police Station, Madurai District. in Crime No.64/2024.

3. Nondichamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District Judge (PCR Court), Madurai to consider the bail application of the petitioner on the same day of his surrender itself in Crime No.64/2024 on the file of the 2nd Respondent Police.

For Petitioner : Mr. R.Alagia Nambi For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner is an accused in Crime No.64 of 2024 on the file of the respondent police. The said case was registered for the offence under Sections 294(b), 323, 506(i) IPC and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and the 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 application filed on the same day of their surrender and therefore, by relying upon the 2/5

similar orders, the petitioner prays for similar directions. 4.In this case, both the petitioner and the defacto complainant belongs to rival political parties. Due to the messages uploaded by the petitioner in the social media, there was a wordy quarrel between the parties.

5.Considering the nature of offence and facts and circumstances of the case, 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 learned III Additional District Judge (PCR Court), Madurai, which in turn is directed to entertain the bail application if any filed by this petitioner on the same of day. The Public Prosecutors are expected to be available in the Courts and the Public Prosecutors 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.

3/5

6.This Criminal Original Petition is disposed of accordingly. 17.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No PNM To 1.The III Additional District Judge (PCR Court), Madurai

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Oomachikulam, Madurai District.

3. The Inspector of Police, Appanthiruppathy Police Station, Madurai District. in Crime No.64/2024.

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

4/5

B.PUGALENDHI , J.

PNM ORDER IN CRL.O.P (MD) No.5848 of 2024 17.04.2024 5/5