Balu v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.16150 of 2022 1.Balu 2.Periyasamy 3.Sivaji 4.Suresh Kumar 5.Periyannan 6.Soundarrajan 7.Govindhan 8.Saranmurugan 9.Subramaniyan ... Petitioners Vs.

1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Mettur, Salem District.

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

Crime No.291 of 2022.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District Judge, Salem Cum Special Judge under SC & ST (P.A) Act, Salem to consider the bail application of the petitioners on their surrender in connection with the case in Crime No.291 of 2022 pending on the file of the Inspector of Police, Mecheri Police Station, Salem District on the same day.

For Petitioners : Mr.M.Senthil 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 learned Principal District Judge, Salem Cum Special Judge under SC & ST (P.A) Act, Salem to consider the bail application of the petitioners on their surrender in connection with the case in Crime No.291 of 2022 pending on the second respondent, Salem District 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 District Judge, Salem Cum Special Judge under SC & ST (P.A) Act, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.291 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.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar nr/ksa-2 To 1.The learned Principal District Judge, Salem cum Special Judge under SC and ST (P.A.) Act, Salem.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Mettur, Salem District.

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

4.The Public Prosecutor, High Court of Madras.

+1 cc to Mr.M.Senthil kumar Advoate sr45765 Crl.O.P.No.16150 of 2022 ssd(co) aa29/07/2022