Arthanari v. The State Rep By, The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Arthanari

2. Sagunthala ... Petitioners Vs.

1. The State Represented By, The Assistant Commissioner of Police, AWPS Ammapettai Police Station, Salem City.

2. The State Represented By, The Inspector of Police, AWPS Ammapettai Police Station, Salem City.

Crime No.50 of 2024.

3. Punitha .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special District Judge, SC/ST (POA) Act cases, Salem to consider the bail application on surrendering and filing of the bail application by the petitioner on the same day in Crime No.50/2024 on the file of the respondent police. For Petitioners : Mr.B.Sundarapandiyan For R1 and R2 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition is filed for a direction directing the learned Special District Judge, SC/ST (POA) Act cases, Salem to consider the bail application on surrendering and filing of the bail application by the petitioners on the same day in Crime No.50/2024 on the file of the respondent police. 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 learned Special District Judge, SC/ST (POA) Act cases, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.50 of 2024 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.

10.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The learned Special District Judge, SC/ST (POA) Act cases, Salem.

2. The Assistant Commissioner of Police, AWPS Ammapettai Police Station, Salem City.

3. The Inspector of Police, AWPS Ammapettai Police Station, Salem City.

4. The Public Prosecutor, High Court, Madras.

10.02.2025