Naveen v. 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. 4366 of 2025 Naveen ....
Petitioner Vs
1. Deputy Superintendent of Police, Chidambaram, Cuddalore District.
2. State Rep By, Inspector of Police, Bhuvanagiri Police Station, Cuddalore District.
(Crime No 19 of 2025) ....
Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order directing the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Cuddalore, Cuddalore District, to accept the surrender of the petitioner herein concerned in Crime No. 19 of 2025 on the file of Inspector of Police, Puduchatram Police Station, Cuddalore District and consider the bail petition on the same day itself.
For Petitioner : Mr.K.Vijayakumar For Respondents: MrA.Gopinath Government Advocate (Crl. Side)
O R D E R
This petition is filed for a direction to the Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Cuddalore, Cuddalore District, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.19 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 Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Cuddalore, Cuddalore District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 19 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 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 disposed of.
18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Cuddalore, Cuddalore District
2. Deputy Superintendent of Police, Chidambaram, Cuddalore District.
3. Inspector of Police, Bhuvanagiri Police Station, Cuddalore District.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.4366 of 2025