V.Maheshkanna v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6497 of 2025
1. V.Maheshkanna
2. S.Pazhanirajan ....
Petitioners Vs
1. The Deputy Superintendent of Police Chidambaram, Cuddalore District.
2. The Inspector of Police Chidambaram Town Police Station, Cuddalore District Cr.No.19 of 2025 ....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order directing the Learned Sessions and District Judge, Cuddalore (Special Court for the exclusive trial of SC and ST cases, Cuddalore) to accept the surrender of the petitioner herein concerned in Cr.No.19 of 2025 on the file of the Inspector of police, Chidambaram Town Police Station, Cuddalore and consider the bail application on the same day itself.
For Petitioners : Mr.R.Ramamoorthy For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
O R D E R
This petition is filed for a direction to the Sessions and District Judge, Cuddalore (Special Court for the exclusive trial of SC and ST cases, Cuddalore) to consider the petitioners' bail petition on the same day of their 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 persons, there shall be a direction to the Sessions and District Judge, Cuddalore (Special Court for the exclusive trial of SC and ST cases, Cuddalore), to consider the petitioners' bail application, preferably on the same day of their 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 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 disposed of.
07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Sessions and District Judge, Cuddalore (Special Court for the exclusive trial of SC and ST cases, Cuddalore)
2. The Deputy Superintendent of Police, Chidambaram, Cuddalore District.
3. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.6497 of 2025
07.03.2025