Periyasamy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13512 OF 2022 1.Periyasamy 2.Senthilkumar 3.Murugesan 4.Palanivel 5.Kasambu 6.Ambika 7.Vijaya 8.Gunasekaran

...Petitioners / Accused 1 to 8

Vs.

1.The Deputy Superintendent of Police, Attur, Salem District.

2.The Sub Inspector of police, Attur Rural Police Station, Salem District.

Crime No.172 of 2022

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal Sessions Court at Salem to consider the bail application of the petitioners on the same day of their surrender in Crime No.172 of 2022 on the file of the respondent police.

For Petitioners :

Mr.S.Muthukrishnan For Respondents :

Mr.N.Muthuvel, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the Principal Sessions Court at Salem to consider the bail application of the petitioners on the same day of their surrender in Crime No.172 of 2022 on the file of the respondent police.

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2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the fact that there is no provision for Anticipatory Bail, there shall be a direction to the learned Principal Sessions Court at Salem to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.172 of 2022 on the file of the second respondent police and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of one week from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar shk/nr To 1.The Principal Sessions Judge, Salem.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Sub Inspector of police, Attur Rural Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.S.Muthukrishnan, Advocate Sr.No.35676 Crl.O.P.No.13512 of 2022 SVI(CO) RVM(23/06/2022) https://hcservices.ecourts.gov.in/hcservices/