Madras High CourtCRL OP(MD)/9599/2024ordered

Sathyaraj v. The Deputy Superintendent Of Police

2024-07-01Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI

1. Sathyaraj

2. Mathiyalagan @ Mathi

3. Veerappan ... Petitioners versus

1. The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2. State Rep. by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

3. Vinoth ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Judge (Special Court for PCR Cases), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same on merit relating to Crime No.122 of 2024, dated 08.05.2024. For Petitioners : Mr.M.Karunanith For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 1/4

O R D E R

The petitioners are the accused in Crime No.122 of 2024 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 147, 148, 341, 342, 294(b), 323, 324 and 506(ii) IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, 1989. Therefore, the petitioners have moved this petition seeking a direction to the learned District and Sessions Judge (Special Court for PCR Cases), Thanjavur, to consider their bail petitions on the date of surrender.

2. The learned counsel appearing for the petitioners submits that the petitioners and the defacto complainant are living in the same village. The alleged occurrence is said to have taken place over the dispute with regard to entering into a temple. He further submits that it is a case in counter. He further submits that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. 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. Therefore, the petitioners seek 2/4

a direction for disposal of the bail application on the same day.

3. Heard the learned Government Advocate (Crl. Sides) appearing for the respondents Police.

4. Considering the facts and circumstances of the case, 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 learned District and Sessions Judge (Special Court for PCR Cases), Thanjavur, 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.

01.07.2024 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy Note: Issue order copy on 03.07.2024 3/4

B.PUGALENDHI, J.

ogy To

1. The learned District and Sessions Court, (Special Court for PCR Cases), Thanjavur.

2. The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

3. The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

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

Order made in Crl.O.P.(MD)No.9599 of 2024 01.07.2024 4/4