Agilan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.06.2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD)No.8954 of 2024 1.Agilan 2.Radhakrishnan ... Petitioners Vs 1.State Rep.by The Deputy Superintendent of Police, Thiruverumbur Range, Navalpattu Police Station, Trichy District.

2.The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

Crime No.29 of 2024 ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Cases), Trichy District to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.29 of 2024 dated 27.02.2024 on the file of the second respondent Police.

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For Petitioners : Mr.S.Saravana Kumar For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side)

ORDER

The petitioners are accused in Crime No.29 of 2024 on the file of the respondent police. The said case was registered for the offence under Sections 294(b), 324 and 506(ii) IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and 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 petitioners seek a direction for disposal of the bail application on the same day. 2/4

3.The learned Government Advocate(Crl.side) appearing for the respondents submits that on the day of occurrence, the defacto complainant went to a hotel to have food. At that time, the accused persons were in a drunken mood and assaulted the victim, who sustained head injuries with 8 stitches. Further, he submits that this is second petition and earlier petition filed by the petitioners was dismissed on 29.04.2024.

4.Considering the manner in which the occurrence took place and also considering the fact that this is second petition and earlier petition filed by the petitioners was dismissed on 29.04.2024, this Court is not inclined to entertain this petition. Accordingly, this criminal original petition is dismissed.

20.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/4

B.PUGALENDHI,J gns To 1.The Principal District and Sessions Judge (PCR Cases), Trichy District.

2.The Deputy Superintendent of Police, Thiruverumbur Range, Navalpattu Police Station, Trichy District.

3.The Sub Inspector of Police, Navalpattu Police Station, Trichy District.

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

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