Sanjay 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. 6477 of 2025 Sanjay ....

Petitioner Vs

1. The Deputy Superintendent of Police, Office of District Superintendent of Police, Polur, Tiruvannamalai District.

2. The State Rep By Its, The Inspector Of Police, Chetpet Police Station, Thiruvannamalai District.

Cr.No.268/2024.

Jayaseelan ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the District Special Judge for exclusive trial of SC/ST cases, Thiruvannamalai to consider the bail application filed by the petitioner on his surrender the bail application filed by the petitioner on his surrender in connection with Cr.No.268 of 2024 on the file of the 2nd respondent police.

For Petitioner : Mr.S.Amarnath For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the District Special Judge for exclusive trial of SC/ST cases, Thiruvannamalai, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.268 of 2024, 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 District Special Judge for exclusive trial of SC/ST cases, Thiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 268 of 2024 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

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The District Special Judge for exclusive trial of SC/ST cases, Thiruvannamalai

2. The Deputy Superintendent of Police, Office of District Superintendent of Police, Polur, Tiruvannamalai District.

3. The Inspector Of Police, Chetpet Police Station, Thiruvannamalai District.

4. The Public Prosecutor, Hgh Court, Madras.

Crl.O.P.No.6477 of 2025 07.03.2025