L.Balasubramaniam v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN L.Balasubramaniam ... Petitioner Vs

1. The Assistant Commissioner of Police, Guindy Range, Chennai - 32.

2. Inspector of Police, J-7, Velachery Police Station, Crime No.485 of 2024.

3. Kalpana ... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Chennai to consider the bail application on the same day on surrender of the petitioner in Crime No.485 of 2024 on the file of the respondent Police.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.Side) (for R1 & R2) 1/5

O R D E R

This petition is filed for a direction to the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Chennai to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.485 of 2024, 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 Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Chennai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.485 of 2024 and pass appropriate orders in accordance with law, after 2/5

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, this Criminal Original Petition stands disposed of.

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To

1. The Assistant Commissioner of Police, Guindy Range, Chennai - 32.

2. Inspector of Police, J-7, Velachery Police Station.

3. The Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Chennai 4/5

G.K.ILANTHIRAIYAN, J.

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