K.Anjammal @ K.Anjumma v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Anjammal @ K.Anjumma ... Petitioner Vs.

1. Deputy Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram.

(Crime No.747 of 2024)

3. Nagappan .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the learned Special Court for Exclusive SC/ST Villupuram, to accept the surrender of the petitioner herein concerned in Crime No.747 of 2024 on the file of the Inspector of Police, Valavanur Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioner : Mr.A.Murugavel For R1 and R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This petition is filed for a direction directing the learned Special Court for Exclusive SC/ST Villupuram, to accept the surrender of the petitioner herein concerned in Crime No.747 of 2024 on the file of the Inspector of Police, Valavanur Police Station, Villupuram District and consider the bail petition on the same day itself.

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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for Exclusive SC/ST Villupuram, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.747 of 2024 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioner 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.

3.

It is needless to say that the Court below while disposing the bail

petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably. 4.

With the above direction, the Criminal Original Petition stands disposed of.

03.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. Deputy Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram.

3. The Public Prosecutor, High Court, Madras.

03.02.2025