Direction for same-day bail disposal post-surrender in SC/ST (POA) Act cases, ensuring merits hearing.

ORDER

The petitioners are accused in Crime No.158 of 2026 on the file of the 2^nd respondent Police. The said case was registered for the offence under Sections 296(b), 115(2), 133 of BNS r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Therefore the petitioners have filed this petition seeking a direction to the Special Court concerned to dispose of their bail application on the date of surrender.

2.The learned Counsel for the petitioners submits the petitioners have not committed any offence as alleged by the prosecution and the dispute is with regard to throwing of wastes.

The defacto complainant and the petitioners are neighbours. He further submits thatSection 18of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. In view of the bar under of the SC/ST (POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. Therefore, the petitioners seek a direction for disposal of the bail application on the same day. 3.The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that the petitioners were in the habit of throwing wastes in front of the defacto complainant and when it has been questioned by the defacto complainant, the petitioners abused the defacto complainant used derogatory words and assaulted him with hands.

4.Considering the facts and circumstances of the case, this Criminal Original Petition is ordered with a direction to the petitioners to surrender within a period of two weeks from the date of receipt of a copy of this order before the Special Court for Trial of Cases under SC & ST (POA) Act, Dindigul, which, in turn, is directed to entertain the bail application if any filed by the petitioners on the same day. In the meantime, the petitioners shall serve a copy of the bail petition well in advance to the defacto complaint along with the proposed date of the surrender, enabling the defacto complainant to advance the arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day.