Madras High CourtCRL OP/32363/2025allowed

S.Deve Akilan v. The State Rep By The Deputy Superintendent Of Police

2025-11-26Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. S.Deve Akilan S/o. Selvam, No.3/113, West Street, Kothambadi, Attur Taluk, Salem District.

Petitioner(s) Vs

1. The State rep by The Deputy Superintendent of Police Attur, Salem District.

2.The Sub Inspector of Police Rural Police Station, Attur, Salem District. Crime No.354 of 2025.

Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS to direct the Special Court for Trial of SC/ST Cases at Salem, Salem District (Special Court for PCR Cases) to consider the Bail application of the petitioner on the same day of the surrender pending in Crime No.354 of 2025 on the file of the second respondent police and pass such further or other orders as this

Honble Court.

For Petitioner(s):

Mr.L.Rajendran For Respondent(s):

Nos.1 & 2 Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for Trial of SC/ST Cases at Salem, Salem District (Special Court for PCR Cases) to consider the Bail application of the petitioner on the same day of the surrender pending in Crime No.354 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for Trial

of SC/ST Cases at Salem, Salem District (Special Court for PCR Cases) , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.354 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 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. 26-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

sms To 1.The Special Court for Trial of SC/ST Cases at Sale, Salem District (Special Court for PCR Cases) 2.The State rep by The Deputy Superintendent of Police Attur, Salem District.

3.The Sub Inspector of Police Rural Police Station, Attur, Salem District. Crime No.354 of 2025.

4.The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms 26-11-2025