R.Allimuthu, A1 v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4360 of 2025

1. R.Allimuthu

2. A.Selvarani

3. S.Kalaiselvi

4. A.Boominathan ....

Petitioners Vs

1. The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2. The State Rep. by its The Inspector Of Police, Sathanur Police Station, Tiruvannamalai District.

Crime No.10 Of 2025

3. M.Moorthy ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District Judge, Thiruvannamalai, Principal Special court SC/ST (POA) Act, to accept the bail application of the petitioners on the same day of presentation in Crime No.10 of 2025 on the file of the respondent Police.

For Petitioners : Mr.P.Jayachandran For R1 & R2 : MrA.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Principal District Judge, Thiruvannamalai, Principal Special Court SC/ST (POA) Act, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.10 of 2025, 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 person, there shall be a direction to the Principal District Judge, Thiruvannamalai, Principal Special Court SC/ST (POA) Act, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 10 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.

18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Principal District Judge, Thiruvannamalai, Principal Special court SC/ST (POA) Act.

2. The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

3. The Inspector of Police, Sathanur Police Station, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4360 of 2025 18.02.2025