P.R.Dillibabu @ Babu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. P.R.Dillibabu @ Babu.

2. P.S.Sarath ... Petitioners/Accused 2 & 3 Vs.

1. The Deputy Superintendent of Police, R.K.Pet Taluk, Thiruvallur District.

2. The Inspector of Police, R.K.Pet Police Station, Thiruvallur District, Crime No.8 of 2025.

3. S.Ponrasu.

... Respondents/Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS., (482 of Cr.P.C.) pleased to direct the Principal District and Sessions Judge, Thiruvallur District to consider the bail-application of the petitioners concerned in Crime No.8 of 2025 on the file of the Inspector of Police, R.K.Pet Police Ration, Thiruvallur District on his surrender on the same day. For Petitioners : Mr.S.V.Drajendra Prasad For R1 & R2 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)

ORDER

This petition is filed for a direction directing the Learned Principal District and Sessions Judge, Thiruvallur District, to accept the surrender of the petitioners herein concerned in Crime No.8/2025 on the file of the Inspector of Police, R.K.Pet Police Station, Thiruvallur 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 Principal District and Sessions Judge, Thiruvallur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.8/2025 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 allowed.

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

1. The Learned Principal District and Sessions Judge, Thiruvallur District.

2. The Inspector of Police, R.K.Pet Police Station, Thiruvallur District,

3. The Deputy Superintendent of Police, R.K.Pet Taluk, Thiruvallur District.

4. The Inspector of Police, R.K.Pet Police Station, Thiruvallur District,

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 12.02.2025