M.Dinesh v. The State By, The Senior Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Dinesh, S/o.Murugan, No. 10, Nadesan Street, Allinagar, Polur, Thiruvannamalai District.
... Petitioner /Accused Rank not known Vs.
1. The Senior Superintendent of Police, Police Department (Law and Order), Urulaiyanpettai, Puducherry State.
2. The Inspector of Police, CID Police Station, Puducherry State.
Cr.No. 11 of 2020.
3. S.S.Pavanan, Vice General Secretary of Viduthalai Chiruthaikal Katchi, No.5, 1st Cross, Iyyanar Kovil Street, Oulandai Keerapalayam, Mudaliyarpet, Puducherry - 505004.
.. Respondents/Defacto Complainant
PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the Learned Chief Judicial Magistrate Court, Puducherry state to accept the surrender application and consider the petitioners bail application on the same day in connecting with Crime No. 11 of 2020 on the file of the. Inspector of Police, CID Police Station, Puducherry State and pass orders.
For Petitioner : Ms.R.Hemalatha For R1 & R : Mr.K.S.Mohandass, Public Prosecutor (Pondy)
ORDER
This petition is filed for a direction directing the learned Chief Judicial Magistrate Puducherry, to accept the surrender of the petitioner herein concerned in Crime No.11/2020 on the file of the Inspector of Police, CID Police Station, Puducherry 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
Chief Judicial Magistrate Puducherry, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.11/2020 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 Senior Superintendent of Police, Police Department (Law and Order), Urulaiyanpettai, Puducherry State.
2. The Inspector of Police, CID Police Station, Puducherry State.
3. The Public Prosecutor, (Pondy) High Court, Madras.
12.02.2025