Sivandhu v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
1. Sivandhu
2. Valliyammai ... Petitioners Vs.
1. The Deputy Superintendent of Police Thuraimangalam Perambalur District - 621 212
2. The State Represented by The Inspector of Police Kunnam Police Station, Perambalur District (Crime No.533 of 2024) ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the Principal District and Sessions Judge at Perambalur/The Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Perambalur District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.533 of 2024 on the file of the Kunnam Police Station, Perambalur District.
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For Petitioner : Mr.J.Ramkumar For Respondent : Mr.S.Sugendran Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed by the petitioner to direct the Principal District and Sessions Judge at Perambalur/The Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Perambalur District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.533 of 2024 on the file of the Kunnam Police Station, Perambalur District.
2. It is to be noted that as per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), there is a bar to file a petition under Section 438 Cr.P.C./483 of B.N.S.S. Therefore, Anticipatory Bail is not maintainable for the offence under the SC/ST Act. Further Section 15A under Chapter IV-A was introduced by Act 1 2/6
of 2016 w.e.f. 26.01.2016, as per which, notice has to be sent to the victim, in respect of any proceedings and without giving notice, no proceedings shall be proceeded further. Further, the inherent power under Section 482 Cr.P.C./528 of B.N.S.S. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C./528 of B.N.S.S. should be exercised sparingly. When there is a specific bar under the Special Act, this Court cannot ignore the intention of the Legislators and the purpose of enactment of the Special Act. If the petitioner's application is directed to be considered on the same day without giving notice to the victim, the purpose of Sections 18 and 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.
3. Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C./528 of B.N.S.S., which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall stand dismissed. However, the petitioners are at liberty to workout their remedy in the manner known to law 3/6
and the learned Special Judge/Magistrate is directed to exercise his/her discretionary power after giving notice to the victim. The learned Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act.
10.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6
To 1.The Principal District and Sessions Judge at Perambalur/ The Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Perambalur District
2. The Deputy Superintendent of Police Thuraimangalam Perambalur District - 621 212
3. The Inspector of Police Kunnam Police Station Perambalur District
4. The Public Prosecutor High Court of Madras 5/6
P.VELMURUGAN. J.
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