R.Alagu Senthilkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.06.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.8669 of 2024 1.R.Alagu Senthilkumar [Wrongly mentioned in the F.I.R namely Seega (Senthil)] 2.N.Muruganantham ... Petitioners Vs 1.The Deputy Superintendent of Police, Palani Taluk, Dindigul District.

2.The Inspector of Police, Palani Adivaram Police Station, Palani.

Crime No.121 of 2024 3.Suresh Babu ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the SC and ST Special Court, Dindigul, to consider the petitioners bail petition on merits upon the petitioners' surrender before the said Court and enlarge the petitioners on bail on the same day according to the law in Crime No.121 of 2024 on the file of the 1st respondent police.

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For Petitioners : Mr.T.Ramasamy For R-1 & R-2 : Mr.P.Kottai Chamy Government Advocate (Crl.Side)

O R D E R

The petitioners are accused in Crime No.121 of 2024 on the file of the second respondent police. The said case was registered for the offence under Sections 143, 294(b) and506(i) of IPC and Sections 3(1) (r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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 his 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. 2/4

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. 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 SC and ST Special Court, Dindigul, 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.

21.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes LS Note: Issue order copy on 24.06.2024 3/4

B.PUGALENDHI,J LS To 1.The SC and ST Special Court, Dindigul 2.The Deputy Superintendent of Police, Palani Taluk, Dindigul District.

3.The Inspector of Police, Palani Adivaram Police Station, Palani.

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

Order made in Crl.O.P.(MD)No.8669 of 2024 21.06.2024 4/4