V.Ajith v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.14434 of 2022 1.V.Ajith 2.Hemalatha ... Petitioners Vs.

1.The Superintendent of Police, Salem District, Tamil Nadu.

2.State rep. By:

The Inspector of Police, Tharamangalam Police Station, Salem District, Tamil Nadu.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal Sessions Judge, Salem District, to consider the bail of the petitioners on the same day of surrender for the alleged offences in the FIR dated 16.02.2022 in Crime No.108 of 2022 for alleged offences under Section 147, 148, 294(b), 323, 324 of IPC and r/w Sec-3(1) (r), 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act 2015. For Petitioners : Ms.G.Ambika For Respondents : Mr.N.Muthuvel for R1 & R2, Government Advocte (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions Judge, Salem District, to consider the bail of the petitioners on the same day of surrender for the alleged offences in the FIR dated 16.02.2022 in Crime No.108 of 2022.

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 learned Principal Sessions Judge, Salem District to https://hcservices.ecourts.gov.in/hcservices/

consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.108 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 //True Copy// Sub Assistant Registrar shk/kas To

1. The Principal Sessions Judge, Salem District, 2.The Superintendent of Police, Salem District.

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

+1cc to Ms.Ambiga, Advocate, S.R.No.38056 Crl.O.P.No.14434 of 2022 KK(CO) SB(04/07/2022) https://hcservices.ecourts.gov.in/hcservices/