G. Muniammal v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5881 of 2025 1.G.Muniammal 2.Vishnupriya .. Petitioners Vs.

1.The Deputy Superintendent of Police, Thiruthani Sub Division, Thiruthani, Thiruvallur District.

2.The Inspector of Police, Thiruthani Police Station, Thiruthani, Thiruvallur District.

(Crime No.906 of 2024) 3.Anusha .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.906 of 2024 on the file of the respondent Police.

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For Petitioners : M/s.Krishnan Perumal For R1 & R2 : Mr.S.Santhosh Government Advocate(Crl.Side) For R3 : Mr.L.Ramu

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 351(2) BNS Act, 2023 r/w Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.906 of 2024, seek anticipatory bail.

2.

It is seen that the both the petitioners had approached this Court in Crl.O.P.No.1744 of 2025 for a direction to consider the bail application on the same day. This Court dismissed the said petition. The relevant portion of the said order reads as under:

"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 Page No.2 of 5

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 15A (3)(5) of SC/ST Act." 3.

Since the petitioners have already approached this Court under Section 482 Cr.P.C, the present anticipatory bail application cannot be entertained. Accordingly, this criminal original petition is disposed of directing the petitioners to approach the concerned Trial Judge before the Trial Court and seek bail. It is also seen that the A4 in this case had surrendered and obtained bail on the same day. 12.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.3 of 5

SUNDER MOHAN , J.

dpa To 1.The Deputy Superintendent of Police, Thiruthani Sub Division, Thiruthani, Thiruvallur District.

2.The Inspector of Police, Thiruthani Police Station, Thiruthani, Thiruvallur District.

3. The Learned District and Principal Sessions Court, Thiruvallur.

4.The Public Prosecutor, Madras High Court, Chennai.

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