BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12368 of 2024 Durai Murugan @ Sattai Durai Murugan, ... Petitioner Vs

1.The Deputy Superintendent of Police, Cyber Crime Police, Trichy.

2.The Inspector of Police, Cyber Crime Police(Ccd Iii), Trichy, Crime No.34/2024.

3.A.K.Arun ...Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District Judge(PCR), Tiruchirappalli to accept the surrender of the petitioner and to consider his bail application on the same day of his surrender in Crime No.

34/2024 on the file of the 2nd respondent police.

For Petitioner : Mr.V.Kathirvelu, Senior Counsel for Mr.T.Karthik Raja.

For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

O R D E R

The petitioner/accused in Crime No.24 of 2024, which is pending on the file of the second respondent police has approached this Court, seeking a direction to the learned I Additional District Judge(PCR), Tiruchirappalli to accept his surrender and to consider his bail application on the same day of his surrender.

2.The learned senior counsel appearing for the petitioner submits that the petitioner is a propaganda secretary of a registered political party and during the election campaign conducted by his party, the petitioner has delivered a speech in a public meeting has been projected with a criminal colour and a criminal case has been registered in Crime No.34 of 2024, for the offence under Sections 111(1)(2), 192, 196(1), 353 of the Bharathiya Nyaya Sanhita, 2023 and under Section 3(1) (r) and 3(1)(s) of SC/ST (POA) Act, 1989. The complaint has been lodged by the third respondent that he has noticed a video in Youtube, wherein, this petitioner has made certain derogatory remarks as against the Ex-Chief Minister of Tamil Nadu and abused him by referring to his community. Since the third respondent belongs to the scheduled caste, he felt that he has been insulted by the remarks. Therefore, he has lodged a complaint, based on which, the second respondent has registered the case. Since a case has been registered for the offence under SC/ST (POA) Act, 1989, the petitioner is not in a position to move an application for anticipatory bail, in view of the bar under Section 18 of SC/ST (POA) Act, 1989. Therefore, this petitioner has approached this Court, seeking a direction to the learned I Additional District Judge(PCR), Tiruchirappalli to accept his surrender and to consider his bail application on the same day of his surrender.

3.The learned senior counsel further submits that the respondent police has arrested the petitioner on 11.07.2024 and also produced him before the I Additional District Court (PCR,Trichy) for remand on 11.07.2024, at about 8.30 p.m. The learned Additional District Judge after perusing the materials found that no offence has been made out as against this petitioner and accordingly, rejected the request of the respondent police for remand. However, the respondent police is attempting to arrest this petitioner again in connection with this case and in the event, if he is arrested, he would be foisted with some other cases. In order to avoid the same, the petitioner is now inclined to surrender before the Court. However, in view of the provision under Section 18 of the Act, the petitioner seeks a direction. The learned senior counsel further submits that the petitioner has now come forward to file an affidavit of undertaking before this Court that he will not make any such statements in future.

4.Mr.M.Sakthi Kumar, learned Government Advocate (Crl.side), who takes notice for the respondents 1 and 2 submits that before passing an order, an opportunity be provided to the third respondent. He also submits that this petitioner is in the habit of making allegations as against the leaders of the State, as it is generating very good revenue through his Youtube channel. According to him, some pe