N.Karthikeyan v. The State Rep By, 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. 6770 of 2025

1. N.Karthikeyan

2. V.T.Jothi Sharmila

3. D.Arunachalam .....

Petitioners Vs

1. The State Rep By, The Deputy Superintendent of Police, Tiruttani.

2. The Sub Inspector of Police, Tiruttani Police Station, Tiruvallur.

Cr.No.104/2025.

3. Perumal .....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Honble Principal District Judge, Special Court for SC/ST Cases, Tiruvallur, to consider the bail application on the same day for the petitioner in Cr.No.104/2025 pending on the file of the respondent police.

For Petitioners : Mr.R.Vivekananthan 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 Principal District Judge, Special Court for SC/ST Cases, Tiruvallur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.104 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 Principal District Judge, Special Court for SC/ST Cases, Tiruvallur, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No. 104 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 petitioners 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 Principal District Judge, Special Court for SC/ST Cases, Tiruvallur.

G.K.ILANTHIRAIYAN, J.

Lpp

2. The Deputy Superintendent of Police, Tiruttani.

3. The Sub Inspector of Police, Tiruttani Police Station, Tiruvallur.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6770 of 2025 07.03.2025