Francis Xavier @ Francis v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.06.2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD)No.6093 of 2024 1.Francis Xavier @ Francis 2.Arockiya samy @ Arociyam 3.Kulanithai Raj 4.Roshan Kishor @ Kishor 5.Santhosh 6.Arockia Antrews 7.Kavin Kumar @ Kavin 8.Jeyarasan @ Jeyaraj 9.Kilindan 10.Pragash @ Prakash 11.Arokiasamy @ Arockiam 12.Bavila Rani 13.Surya 14.Martteen Raj @ Martin ... Petitioners Vs 1/5

1.The Deputy Superintendent of Police, Ottanchathram Taluk, Dindigul District.

2.The Inspector of Police, Sempatti Police Station, Dindigul.

(Crime No.132 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Court, Special Court for Exclusive trial of cases under SC/ST (POA) Cases, Dindigul District to consider the bail application of the petitioners on merits on the same day of their surrender in Cr.No.132 of 2023 on the file of the second respondent.

For Petitioners : Mr.V.Vishnu For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side)

O R D E R

The petitioners are accused in Crime No.132 of 2023 on the file of the respondent police. The said case was registered for the offence under Sections 147, 148, 294(b), 307, 324, 506(ii) IPC and Section 3(1)(r), 3(1) (s), 3(1)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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 he will 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 filed on the same day of their surrender and therefore, by relying upon the similar orders, the petitioners pray for similar directions. 4.

application if any filed by this 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.

04.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns Note: Issue order copy on 06.06.2024.

To 1.The Principal District and Sessions Court, Special Court for Exclusive trial of cases under SC/ST (POA) Cases, Dindigul District 2.The Deputy Superintendent of Police, Ottanchathram Taluk, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Dindigul.

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

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B.PUGALENDHI,J gns Crl.O.P.(MD)No.6093 of 2024 04.06.2024 5/5