Riyas v. The State Rep By,The Deputy Superintendent Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Riyas

2. Munna @ Riyas

3. Fricki @ Poovarasan

4. Logesh @ Lokesh Danushkumar ... Petitioners Vs.

1. The State represented by, The Deputy Superintendent of Police, Vandavasi, Thiruvannamalai District.

2. The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

3. Deepa Manoj .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Sessions Judge, Special Court of SC/ST Act, Thiruvannamalai District to consider the petitioners' bail petition on the very same day of their surrender in connection with a case in Crime No.05 of 2025 on the file of the first and second respondent herein. For Petitioners : Mr.B.Ganesha Moorthy For R1 and R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This petition is filed for a direction directing the learned Sessions Judge, Special Court of SC/ST Act, Thiruvannamalai District to consider the petitioners' bail petition on the very same day of their surrender in connection with a case in Crime No.05 of 2025 on the file of the first and second respondents herein.

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 Sessions Judge, Special Court of SC/ST Act, Thiruvannamalai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.05 of 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 petitioners 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 petitioners 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. The Deputy Superintendent of Police, Vandavasi, Thiruvannamalai District.

2. The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

03.02.2025