Madras High CourtCRL OP/13391/2022ordered

Sivakumar v. State Rep By The Deputy Superintendent Of Police

2022-06-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.13391 of 2022 Sivakumar ... Petitioner Vs.

1.The State rep by The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

2.The Inspector of Police, Mecheri Police Station, Salem District.

(Crime No.246 of 2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, Salem to accept the surrender of the petitioner and to consider the bail petition on the same day in Crime No.246 of 2022 on the file of the second respondent police.

For Petitioner : Mr.C.Deepak Kumar 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 Principal District and Sessions Judge, Salem to accept the surrender of the petitioner and to consider the bail petition on the same day in Crime No.246 of 2022 on the file of the second respondent police.

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 District and Sessions Judge, Salem to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.246 of 2022 on the file of the second respondent police and https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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-IV) //True Copy// Sub Assistant Registrar shk/nr To

1. The Principal District and Sessions Judge, Salem 2.The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

3.The Inspector of Police, Mecheri Police Station, Salem District.

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

+1cc to Mr.C.Deepak Kumar, Advocate, S.R.No.35623 Crl.O.P.No.13391 of 2022 SKM(CO) SB(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/