Sathish v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. SATHISH S/o.Perumal

2. Sarasu W/o.Perumal

3. Ajithkumar S/o.Perumal, Petitioners 1 to 3 are residing at 54/1, Poyar Street, Vaithiyagoundaputhur, Periyakrishnapuram, Salem District.

4. Periyasamy S/o.Krishnan, 1/88, Kalottar Street, Nagiyampatty Post, Gangavalli Taluk, Salem District.

Petitioner(s) Vs

1. The Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, All Women Police Station, Kondalampatty, Salem District.

3.Panshi D/o.Karnan, No.468, Kilakkukadu, Periya Krishnapuram (PO), Pethanaickenpalayam (TK), Salem District.

Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, to direct the learned District Sessions Judge, (Special Court for SC/ST Cases) Salem to consider petitioners' bail application on the same day of surrender in connection with a case in Cr.No.19/2025 on the file of respondent. For Petitioner(s):

P.Dasarathan H.Santhanajothi For Respondent(s):

Mr.Vinoth Raja, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned District Sessions Judge, (Special Court for SC/ST Cases) Salem to consider petitioners' bail application on the same day of surrender in connection with a case in Cr.No.19/2025 on the file of respondent Police.

2. It is submitted by the learned Government Advocate (Crl.Side) that A1 has already been arrested.

3. 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 Judge, Special Court Designated under SC/ST Prevention of Atrocity Amendment Act, Villupuram, to consider the bail application of the petitioners 2 to 4, preferably on the same day of their surrender in connection with Crime No.19 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 petitioners 2 to 4 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.

4. In view of the above, the Criminal Original Petition stands allowed. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

N.SATHISH KUMAR J.

gsk To 1.The Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, All Women Police Station, Kondalampatty, Salem District.

Cr.No.19/2025.

Crl.O.P.No.22793 of 2025 3.Panshi D/o.Karnan, No.468, Kilakkukadu, Periya Krishnapuram (PO), Pethanaickenpalayam (TK), Salem District.

18.08.2025