Gangadevi v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.06.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9322 of 2024

1. R.Gangadevi

2. A.Shafiullakhan ... Petitioners/A1&A2 versus

1. The Assistant Commissioner of Police, Cantonment Range, Trichy - 1, Trichy District.

2. The Inspector of Police, Fort Police Station, Fort Police Station Complex, Trichy -2, Trichy District.

3. Saravanan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District Judge, (PCR Court), Trichy, to accept the surrender of the petitioners and to consider the bail application to be filed by the petitioners on the same day in Crime No.778 of 2024 on the file of the 2nd respondent Police. 1/4

For Petitioners : Mr.R.Sundar For R1 and R2 : Mr.P.Kottaichamy Government Advocate (Crl. side)

O R D E R

The petitioners are the accused in Crime No.778 of 2024 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 294(b), 323, 506(1) of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 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 petitioners claim that this case is a foisted one and they can 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 their bail applications 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 2/4

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 I Additional District Judge, (PCR Court), Trichy, who, in turn, is directed to entertain the bail applications, if any filed by the 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 applications in any event shall be disposed on merits on the same day.

26.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes ogy Note: Issue order copy on 28.06.2024 3/4

B.PUGALENDHI, J.

ogy To

1. The I Additional District Court (PCR Court), Trichy.

2. The Assistant Commissioner of Police, Cantonment Range, Trichy - 1.

3. The Inspector of Police, Fort Police Station, Fort Police Station Complex, Trichy -2.

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

Order made in Crl.O.P.(MD)No.9322 of 2024 26.06.2024 4/4