Madras High CourtCRL OP/14933/2022ordered

Sivachandran v. The Deputy Superintendent Of Police

2022-06-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.14933 of 2022 Sivachandran ... Petitioner Vs.

State rep by its 1.The Deputy Superintendent of Police, Omalur, Salem District.

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

(Crime No.57/2022) ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge under SC/ST (POA)Act cases, Salem District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.57 of 2022 on the file of the 2nd respondent police on the same day.

1/4

For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.N.Muthuvel Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge under SC/ST (POA)Act cases, Salem District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.57 of 2022 on the file of the 2nd respondent police on the same day.

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 Judge under SC/ST (POA)Act cases, Salem District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.57 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 2/4

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. 30.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr/ksa-2 To 1.The learned Principal Sessions Judge under SC/ST (POA)Act cases, Salem District.

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

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

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

3/4

N.SATHISH KUMAR,J.

nr/ksa-2 Crl.O.P.No.14933 of 2022 30.06.2022 4/4