S.Kalimuthu v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.14277 OF 2022 S.Kalimuthu ... Petitioner/Accused Vs.

1.

The Deputy Superintendent of Police, Attur, Salem District.

2.

State rep by The Sub-Inspector of Police, Rural Police Station, Attur, Salem District.

(Crime No.190/2022) ... Respondents/Complainants PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District Sessions Judge, at Salem (Special Court for PCR cases) to consider the bail application of the petitioner on the same day of surrender pending in Crime No.190 of 2022 on the file of the respondent police.

For Petitioner :

Mr.L.Rajendran For Respondent :

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 learned Principal District and Sessions Judge, at Salem (Special Court for PCR cases) to consider the bail application of the petitioner on the same day of surrender pending in Crime No.190 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 District and Sessions Judge, at Salem (Special Court for PCR cases) to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.190 of 2022 on the file of the 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 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(CO) //True Copy// Sub Assistant Registrar nr/rpp To 1.

The Principal District Sessions Judge, Salem (Special Court for PCR cases).

2.

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

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

4.

The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.L.Rajendran, Advocate, S.R.No.38859 Crl.O.P.No.14277 of 2022 CA(CO) RLP(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/