K.Sangeetha v. The State By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Sangeetha F/33 Years, W/o Karthikeyan, No. 5, Bhargavi Nagar, Perumalpattu, Thiruvallur District-602 024.

... Petitioner /Accused No.5 Vs.

1. State by The Deputy Superintendent of Police, Thiruttani Division, Thiruttani, Thiruvallur District.

2. Inspector of Police, Thiruttani Police Station, Thiruttani (Crime No. 906/2024)

3. Anusha D/o Murugesh, No. 102th Cross Street, Maruti Nagar, Deva Nagar, Nanthini Milk Parlar, Bangalore-560094.

... Respondents/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS., pleased to direct the Special Judge for SC & ST Act cases/Principal District Judge, Thiruvallur to accept the surrender and consider the Bail Petition to be

filed by the petitioner on the same day, on merits in connection with the case in Crime No.906 of 2024 pending investigation on the file of the 2nd Respondent Police.

For Petitioner : Mr.Suriyamuthu.N For R1 & R2 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)

ORDER

This petition is filed for a direction directing the learned Special Judge for SC & ST Act cases/Principal District Judge, Thiruvallur, to accept the surrender of the petitioner herein concerned in Crime No.906/2024 on the file of the Inspector of Police, Thiruttani Police Station, Thiruttani District and consider the bail petition on the same day 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 learned Special Judge for SC & ST Act cases/Principal District Judge, Thiruvallur, to consider the petitioner's bail application, preferably on the same day of their

surrender in connection with Crime No.906/2024 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 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, the Criminal Original Petition stands allowed.

12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bsm

G.K.ILANTHIRAIYAN, J.

bsm To

1. The Special Judge, SC & ST Act cases/Principal District Judge, Thiruvallur

2. The Deputy Superintendent of Police, Thiruttani Division, Thiruttani, Thiruvallur District.

3. Inspector of Police, Thiruttani Police Station, Thiruttani

4. The Public Prosecutor, High Court, Madras. 12.02.2025