BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13214 of 2011 1 MUKKOORAN 2 GOVINDA MANIMUTHU .. PETITIONERS/UNNAMED & UNRANKED ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, CR NO. 33/2011 RAMANATHAPURAM DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. W.PETER RAMESH KUMAR Advocate For Respondent : MR.K.CHELLAPANDIAN, Addl.Advocate General For Intervener : M/S.P.RATHINAM Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused in Crime No.33 of 2011 on the file of the respondent police for offence under Sections 147, 148, 341, 302 I.P.C r/w Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Apprehending arrest at the hands of the respondent police, the petitioners have come up with this petition, seeking anticipatory bail. 2. At the outset, the learned Additional Advocate General appearing for the respondent - State would raise a preliminary objection regarding the maintainability of this petition. According to him, in view of the bar contained in Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, this petition is not at all maintainable and the same is liable to be dismissed. 3. When the said legal position was brought to the notice of the learned counsel appearing for the petitioners, he would fairly concede that in a case involving offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, a petition for anticipatory bail is not maintainable. Further, he would submit that there may be at least a direction to the lower Court to entertain the bail application of the petitioners on their surrender and dispose of the same on the same day. https://hcservices.ecourts.gov.in/hcservices/ 4. In my considered opinion, since there is a clear bar under Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, this petition is not maintainable and on that ground, this petition is liable to be dismissed. 5. Request of the learned counsel appearing for the petitioners for a direction to the lower Court to dispose of the bail application of the petitioners on their surrender before the lower Court on the same day, cannot be considered, for the simple reason that in this case, the offences involved are not only under the provisions of the SC/ST Act, but under Section 302 I.P.C also. 6. According to the learned Additional Advocate General, the deceased belongs to Scheduled Caste. On 08.09.2011, there was writing on the wall in the village defaming the leader of the accused group. Because of the same, on 09.09.2011, the accused in this case had all conspired to kill anyone person belongs to the Scheduled Caste with a view to take revenge. According to the learned Additional Advocate General, in pursuance of the said conspiracy, it is stated that the deceased boy, who was a student, was done to death on 10.09.2011. The learned Additional Advocate General would further submit that in which, investigation is at initial stage. He would further submit that subsequent to the said occurrence, there was community clash and in which, six people were done to death in police firing. He would further submit that police picketing is there and tension is prevailing in the locality between the two communities. 7. In view of the above stand, I am of the view that it is not a fit case where such a direction, as sought for by the petitioners, can be granted. 8. In view of the above reasons, this petition is dismissed. Sd/- 18/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, KAMUTHI, RAMNAD DISTRICT 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.RATHINAM Advocate SR.No.35935 ssk/21.10.2011 /4c -2p/- ORDER IN CRL OP(MD) No.13214 of 2011 Date :18/10/2011 https://hcservices.ecourts.gov.in/hcservices/