The court must ensure fair consideration of bail, especially when legislative provisions may affect innocent individuals.

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.30642 of 2025 R.V.Pachamuthu, M/62 S/o Late Vaktachalam ... Petitioner Vs.

1. The District Superintendent of Police, O/o District Superintendent of Police, Salem District, Salem.

2. The State Rep. by the Inspector of Police, Town Police Station, Attur, Salem District (Crime No.336/ 2025)

3. Poovan, S/o Ponnusamy ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Special Court for exclusive Trial of Cases registered under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act at Salem, Salem District, to accept the surrender of the petitioner and to consider his bail application and grant bail to the petitioner on the same day in Crime No.336 of 2025 on the file of the respondent police.

For Petitioner : Mr.T.Velu For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

for R1 & R2 O R D E R This Criminal Original Petition has been filed seeking a direction to the Special Court for Exclusive Trial of Cases registered under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act at Salem, Salem District, to accept the surrender of the petitioner and to consider his bail application and grant bail to the petitioner on the same day in Crime No.336 of 2025 on the file of the 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 Exclusive Trial of Cases registered under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act at Salem, Salem District, to consider the petitioner's bail application, on the same day of his surrender, in connection with Crime No.336 of 2025 on the file of the respondent Police and to pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST 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.