Salavedu Babu @ Vijayan v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6209 of 2025 Salavedu Babu @ Vijayan ....

Petitioner Vs

1. The Deputy Superintendent of Police, Vandavasi, Thiruvannamalai District.

2. The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

Crime No.22 of 2025.

....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Special Court for the exclusive trial of SC and ST Act cases, Thiruvannamalai to accept the surrender of the petitioner and consider the bail petition on the same day in Crime No.22 of 2025.

For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.A.Gopinath 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 and ST Act cases, Thiruvannamalai to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.22 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 and ST Act cases, Thiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 22 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.

05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Special Court for the exclusive trial of SC and ST Act cases, Thiruvannamalai

G.K.ILANTHIRAIYAN, J.

Lpp

2. The Deputy Superintendent of Police, Vandavasi, Thiruvannamalai District.

3. The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6209 of 2025 05.03.2025