Siva v. State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP No. 15938 of 2025 1.Siva 2.Shan @ Shan Hussain 3.Ravi @ Ravikumar .

... Petitioners Vs 1.State rep.by The Deputy Superintendent of Police, Mettupalayam Coimbatore District 2.The Inspector of Police Annur Police Staton Coimbatore District.

... Respondents Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Court for Exclusive trial of SC/ST Act Case, Coimbatore, Coimbatore District to consider the petitioner's bail application on their surrender in Crime No.241 of 2025 pending investigation on the file of the Inspector of Police, Annur Police Station, Coimbatore District. For Petitioner : Mr.E.Kannadasan For R1 & R2 : Mr.S.Santhosh Public Prosecutor 1/5

ORDER

This petition is filed for a direction to the learned Special Judge, (Special Court for the Exclusive Trial of SC and ST cases) Coimbatore, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.241 of 2025, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge , Coimbatore (Special Court for the Exclusive Trial of SC and ST cases, Coimbatore), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 241 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act. The petitioner shall surrender before the concerned jurisdictional 2/5

Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

4. With the above direction, the Criminal Original Petition stands disposed of.

28.05.2025 uma Index : Yes / No Speaking order / Non-speaking order Note: Issue order copy on 29.05.2025 3/5

To

1. The Special Court for Exclusive trial of SC/ST Act Case, Coimbatore, Coimbatore District1.

2.The Deputy Superintendent of Police, Mettupalayam Coimbatore District 3.The Inspector of Police Annur Police Staton Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

4/5

K.GOVINDARAJAN THILAKAVADI, J.

uma Crl.O.P.No.15938 of 2025 28.05.2025 5/5