Madras High CourtCRL OP(MD)/6846/2024disposed of

Vijay v. The Deputy Superintendent Of Police

2024-05-08Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2024

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE CRL.O.P.(MD) No.6846 of 2024 Vijay ... Petitioner/3rd Accused Vs 1.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

2.The Inspector of Police, Mathur Police Station, Pudukkottai District.

(In Crime No.66 of 2024).

...1st and 2nd Respondents/Complainants 3.Renga Samy ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Pudukkottai, to consider the bail application of the petitioner on the same day of his surrender before that court in connection with Crime No.66 of 2024 on the file of the Respondents.

For Petitioner : Mr.Anandakumar.N For Respondents : Mr.Thanga Aravind, Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner is an accused in Crime No.66 of 2024 on the file of the respondent Police. The said case was registered for the offence under Sections 294(b), 323 and 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Amendment Act, 2015.

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 his surrender and therefore, by relying upon the similar orders, the petitioner prays for similar directions. 2/5

4. Considering the facts and circumstances of the case and 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 Principal District and Sessions Judge, Pudukkottai, who in turn is directed to entertain the bail application if any filed by this petitioner on the same 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.

5. This Criminal Original Petition is disposed of accordingly. 08.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No Indu 3/5

1. The learned Principal District and Sessions Judge, Pudukkottai. 2.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

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

4/5

ABDUL QUDDHOSE , J.

Indu ORDER IN CRL.O.P.(MD).No.6846 of 2024 08.05.2024 5/5