Pushpanathan @ Boopathi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4519 of 2025 Pushpanathan @ Boopathi ....

Petitioner Vs

1. Superintendent of Police, Salem District.

2. The State rep. by its Inspector of Police, Deevattipatti Police Station, Salem District.

Crime No.53/25.

3.Surya ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Special Judge for SC and ST Act cases/Principal District Judge, Salem to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.53 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.K.Sathish Kumar For R1 & R2 : Mr.A.Gopinath

Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Special Judge for SC and ST Act Cases/Principal District Judge, Salem, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.53 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 Special Judge for SC and ST Act Cases/Principal District Judge, Salem, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 53 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 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.

19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Special Judge for SC and ST Act Cases/Principal District Judge, Salem

2. Superintendent of Police, Salem District.

3. The Inspector of Police, Deevattipatti Police Station, Salem District.

4. The Public Prosecutor,

High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.4519 of 2025 19.02.2025