Arun Prasath @ Arun v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

1. Arun Prasath @ Arun

2. Gopi Krishnan @ Gopi

3. Madhan ... Petitioners Vs.

1.

The Deputy Superintendent of Police, R.K.Pet Taluka, Thiruvallur Distict.

2.

The State represented by The Inspector of Police, R.K.Pet Police Station, Thiruvallur District, Crime No.651 of 2024.

3.

Rajiv Gandhi ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Principal District and Sessions Judge, Thiruvallur District to consider the bail application of the petitioner concerned in Crime No.651 of 2024 on the file of the Inspector of Police, R.K.Pet Police Station, Thiruvallur District on his surrender on the same day on such terms and conditions.

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For Petitioners : Mr.P.Chandrasekar For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) for R1 and R2

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Thiruvallur District, to consider the bail application of the petitioners herein on the same day of their surrender pertaining to Crime No. 651 of 2024 on the file of the second respondent-Police.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for respondents 1 and 2 and perused the materials available on record.

3. It is to be noted that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), is bar to file a petition under Section 438 Cr.P.C./482 BNSS. Therefore Anticipatory Bail is not maintainable for the offence under the 2/5

SC/ST Act. Further Section 15A under Chapter IV-A was introduced by Act 1 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 BNSS should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C., /528 BNSS should be exercised sparingly. When there is 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 application of the petitioners are directed to be considered on the same day without giving notice to the victim, the purpose of Section 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.

4. Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C.,/528 BNSS 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 and the learned Special Judge is 3/5

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. 30.01.2025 Index : Yes/No Speaking Order : Yes/No ms To

1. The Principal District and Sessions Judge, Tiruvallur.

2. The Deputy Superintendent of Police, R.K.Pet Taluka, Thiruvallur Distict.

3. The Inspector of Police, R.K.Pet Police Station, Thiruvallur District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 30.01.2025 5/5