Bail consideration under SC/ST Act requires hearing the victim's objections despite petitioners' immediate needs for bail post-surrender.

ORDER

The petitioners seek a direction to the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , Thoothukudi to pass order on their bail petition on the same day of surrender in Crime No.446 of 2025 on the file of the second respondent police.

2. The learned counsel representing the third respondent/defacto complainant opposed the prayer of these petitioners.

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 facts of the case, there shall be a direction to the Special Court for , Thoothukudi to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.446 of 2025 registered for the offences under Section 3(5), 296(b), 115(2), 118(1), 109(1), 351(3) of BNS, 2023, Section 3(1)(r) and 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioners and pass orders, after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989. It is needless to say that the Court below may hear the objections of the victim at the time of hearing of bail application filed by the petitioners.

4. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

5. This Criminal Original Petition is ordered accordingly.