Asaithambi v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Asaithambi S/o.Maruthai, No.57, Man Ottar Street, Sentharappatti Post, Gangavalli Taluk, Salem District.

Petitioner(s) Vs

1. The Deputy Superintendent of Police, Salem District. Crime No.141 of 2025 2.Inspector of Police Thammampatty Police Station, Crime No.141 of 2025 3.Velmurugan S/o.Periyasamy, No.32/35, Devendra Vellalar Street, Sentharappatti Post, Gangavalli Taluk, Salem District.

Respondent(s)

PRAYER Criminal Original Petition filed under section 528 of BNSS to direct the learned Special Court for SC and ST Act cases/Principal Sessions Court, Salem to consider the Bail Petition of the Petitioner, on their surrender, on the same day, and on merits in connection with the case in Crime No.141 of 2025 pending investigation on the file of the 2nd respondent police and thus render justice.

For Petitioner :

Mr.T.Mohanraju For Respondent:

Mr.K.M.D.Muhilan, Additional Public Prosecutor For R1 And R2

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST Act Cases, Salem to accept the surrender of the petitioner and consequently consider the bail petition on merits on the same day in Crime No.141 of 2025 on the file of the second respondent police.

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 learned Special Court for SC/ST Act Cases, Salem, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.141 of 2025 on the file of the second respondent 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 petitioner shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc

To

1. Special Court for SC and ST Act cases/ Principal Sessions Court, Salem 2.The Deputy Superintendent of Police, Salem District. Crime No.141 of 2025 3.Inspector of Police Thammampatty Police Station, Crime No.141 of 2025

N.SATHISH KUMAR J.

vrc CRL OP No. 23065 of 20-08-2025