Natesan @ Natarasan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.15644 of 2022 1.Natesan @ Natarasan 2.Thangavel @ Thangavelu ... Petitioners Vs.

State Rep. By 1.The Deputy Superintendent of Police, Sankari, Salem District.

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

(Crime No.189 of 2022) ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Special Court for SC/ST (POA) Act, Salem to consider the bail application filed by the petitioners on their surrender in connection with Crime No.189 of 2022 on the file of the second respondent police on the same day.

For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.N.Muthuvel, Government Advocate (crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions Judge, Special Court for SC/ST (POA) Act, Salem to consider the bail application filed by the petitioners on their surrender in connection with Crime No.189 of 2022 on the file of the second 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 learned Principal Sessions Judge, Special Court for SC/ST (POA) Act, Salem to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.189 of 2022 on the file of the second respondent police and pass appropriate orders in accordance with law, after affording due opportunity to the victims 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.

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3. In view of the above, the Criminal Original Petition stands allowed. 08.07.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk/nr To

1. The learned Principal Sessions Judge, Special Court for SC/ST (POA) Act, Salem 2.The Deputy Superintendent of Police, Sankari, Salem District.

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

4.The Public Prosecutor, High Court of Madras.

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N.SATHISH KUMAR,J.

shk Crl.O.P.No.15644 of 2022 08.07.2022 4/4