Jai @ R.Jayachandran v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Jai @ R.Jayachandran, M/20 years, Son of R.Rejendhiran, GH Road, Kachirayapalayam, Chinnasalem Taluk, Kallakurichi District.
... Petitioner /Accused No.7 Vs.
1. The Deputy Superintendent of Police, Kallakurichi District.
2. The State rep. by, The Inspector of Police, Kachirapalayam Police Station, Kallakurichi District.
... Respondents/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to direct the Special Court for Trial of SC & ST cases at Kallakurichi to consider the bail application of the petitioner in connection with the First Information Report in Crime No. 43 of 2025 pending on the file of the second respondent police on the very same date of his surrender and to dispose of the same on merits and in accordance with law.
For Petitioner : Mr.Krishnasamy Chinnasamy For R1 & R2 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)
ORDER
This petition is filed for a direction directing the learned Special Court for Trial of SC & ST cases, Kallakurichi, to accept the surrender of the petitioner herein concerned in Crime No.43/2025 on the file of the Inspector of Police, Kachirapalayam Police Station, Kallakurichi District and consider the bail petition on the same day since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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 learned Special Court for Trial of SC & ST cases, Kallakurichi, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.43/2025 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 allowed.
12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bsm
G.K.ILANTHIRAIYAN, J.
bsm To
1. The Deputy Superintendent of Police, Kallakurichi District.
2. The State rep. by, The Inspector of Police, Kachirapalayam Police Station, Kallakurichi District.
3. The Public Prosecutor, High Court, Madras.
12.02.2025