Suresh Kumar @ Kalai Suresh v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.06.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.8496 of 2024 Suresh Kumar @ Kalai Suresh ... Petitioner/Sole Accused versus

1. The Deputy Superintendent of Police, Musiri Sub-Division, Trichy District.

2. The Inspector of Police, Thuraiyur Police Station, Trichy District.

3. Subramaniyan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to permit the petitioner to surrender before the learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy, in connection with Crime No.124 of 2024 on the file of the 2nd respondent Police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law.

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For Petitioner : M/s.P.Nagalakshmi for Mr.K.Prakash For R1 and R2 : Mr.B.Thanga Aravindh, Government Advocate (Crl. side)

O R D E R

The petitioner is the accused in Crime No.124 of 2024 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 341, 294(b), 323, 324 and 506(i) of IPC r/w. Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (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 can 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. 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 petitioner prays 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 petitioner to surrender within a period of two weeks from the date of receipt of a copy of this order before the learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy, which, in turn, is directed to entertain the bail application if any filed by the petitioner 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. 11.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes ogy Note: Issue order copy on 12.06.2024.

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B.PUGALENDHI,J ogy To

1. The learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy.

2. The Deputy Superintendent of Police, Musiri Sub-Division, Trichy District.

3. The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

Order made in Crl.O.P.(MD)No.8496 of 2024 11.06.2024 4/4