Vijayaragavan v. State Rep By, The Deputy Superintendetn Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5979 of 2025 Vijayaragavan ....
Petitioner Vs
1. State Rep. By The Deputy Superintendent Of Police Rural Range, Thiruvannamalai District.
2. The Inspector of Police Veraiyur Police Station, Thiruvannamalai District.
....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Court for the Exclusive Trial of SC/ST Act at Thiruvannamalai, to accept the surrender petition filed by the petitioner and on the same day consider the bail application in Crime No.35 of 2025 pending on the file of the Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.
For Petitioner : Mr.P.Muthamizhselvakumar 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 Special Court for the Exclusive Trial of SC/ST Act, Thiruvannamalai, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.35 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 Special Court for the Exclusive Trial of SC/ST Act, Thiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 35 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.
03.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Special Court for the Exclusive Trial of SC/ST Act, Thiruvannamalai.
G.K.ILANTHIRAIYAN, J.
Lpp 2.The Deputy Superintendent Of Police Rural Range, Thiruvannamalai District.
3. The Inspector of Police Veraiyur Police Station, Thiruvannamalai District.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5979 of 2025 03.03.2025