Revathy v. The Deputy 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. 4542 of 2025 Revathy ....

Petitioner Vs 1.The Deputy Superintendent of Police, Office of District Superintendent of Police, Ranipet District.

2.State by Inspector of Police, Thimiri Police Station, Ranipet District.

Crime No.41 of 2025 3.Mathialaghan ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Sessions Judge, Special Court for SC/ST Act, Vellore to consider the surrender of the petitioner and to accept the bail petition on the very same day in Crime No.41/2025 on the file of the respondent police. For Petitioner : Mr.D.Thirumoorthy For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Sessions Judge, Special Court for SC/ST Act, Vellore, to consider the petitioner's bail petition on the same day of her surrender in connection with Crime No.41 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 SC/ST Act, Vellore, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 41 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 Sessions Judge, Special Court for SC/ST Act, Vellore.

2. The Deputy Superintendent of Police, Office of District Superintendent of Police, Ranipet District.

3. The Inspector of Police, Thimiri Police Station, Ranipet District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.4542 of 2025 19.02.2025