R.Raja v. The 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. 6566 of 2025 R.Raja ....

Petitioner Vs

1. The Superintendent of Police, Thiruvarur District.

2. The Deputy Superintendent of Police, Valangaiman, Thiruvarur District.

3. The State Rep.By, The Sub Inspector of Police, Valangaiman Police Station, Thiruvarur District.

Cr.No.50/2025.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the I Additional Sessions Judge (PCR) SC/ST, Thanjavur, to consider the bail application of the petitioner in Cr.No.50/2025 on the file of the 3rd respondent police on the same of day of filing the thus render justice.

For Petitioner : Mr.R.Manikandn 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 I Additional Sessions Judge (PCR) SC/ST, Thanjavur, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.50 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 I Additional Sessions Judge (PCR) SC/ST, Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 50 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 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 disposed of.

07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The I Additional Sessions Judge (PCR) SC/ST, Thanjavur.

G.K.ILANTHIRAIYAN, J.

Lpp

2. The Superintendent of Police, Thiruvarur District.

3. The Deputy Superintendent of Police, Valangaiman, Thiruvarur District.

4. The State Rep.By, The Sub Inspector of Police, Valangaiman Police Station, Thiruvarur District.

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6566 of 2025 07.03.2025