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HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
G.Logith – Appellant
Versus
The Deputy Superintendent of – Respondent
Bail - Anticipatory Bail - SC/ST (POA) Act Section List - The court emphasized the prohibition on granting anticipatory bail under Section 18 of the SC/ST (POA) Act, while allowing for a prompt consideration of bail applications post-surrender to safeguard the accused's rights.
Fact of the Case:
The petitioners are accused in a criminal case and seek anticipatory bail under the SC/ST (POA) Act after being charged with several serious offenses, including attempted murder, despite the victim's injury being minor.
Finding of the Court:
The court acknowledged the petitioners' claims of innocence and the statutory bar against anticipatory bail under the SC/ST (POA) Act. It directed the petitioners to surrender and ensured prompt consideration of their bail applications.
Issues: Whether the petitioners can be granted anticipatory bail under the SC/ST (POA) Act, given the statutory prohibition outlined in Section 18.
Ratio Decidendi: The court focused on the clear prohibition of anticipatory bail under Section 18 of the SC/ST (POA) Act, while emphasizing the obligation to consider bail applications promptly post-surrender.
Final Decision: The petition is disposed of with directions for surrender and prompt bail application consideration.
The petitioners are the accused in Crime No.236 of 2024 registered on the file of the Inspector of Police, Devadanapatti Police Station, for the offences under Sections 191(2), 191(3), 296(b), 109(1) and 351(3) of BNS, 2023 and offences under Section 3(1)(r), 3(1)(s) and 3(1)(2)(v) of SC/ST (POA) Act, 2015.
2.Mr.M.Sakthi Kumar, learned Government Advocate (Crl.side) fairly submits that the victim in this case has been treated as outpatient as he suffered only a simple injury in his knee. However, the case has been registered for the offence under Section 307 IPC that all the accused have attempted to murder him.
3. 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 will 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 the bail application on the same day.
4.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 petitioners pray for similar directions.
5.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 today before the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni and the learned Presiding Officer of the Special Court is directed to entertain the bail application if any filed by this petitioner on the same day. The Public Prosecutor concerned is expected to be available in the Court 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.
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