Sivajiganesan v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Sivajiganesan
2. Settu ... Petitioners Vs.
1. The Deputy Superintendent of Police, Thirupathur, Thirupathur District.
2. State by Inspector of Police, Natrampalli Police Station, Thirupathur District.
(Crime No. 44 of 2025)
3. Prabu ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the Learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Thirupathur, Thirupathur District to accept the surrender of the petitioner herein concerned in Crime No. 44 of 2025 on the file of the Inspector of Police, Natrampalli Police Station, Thirupathur District and consider the bail petition on the same day itself.
For Petitioners : Mr.K.Balu For Respondents : Mr.K.M.D.Muhilan, Govt. Advocate (Crl. Side)(for R1 & R2)
O R D E R
This petition is filed for a direction to the Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Thirupathur, Thirupathur District to accept the surrender of the petitioners herein concerned in Crime No. 44 of 2025 on the file of the Inspector of Police, Natrampalli Police Station, Thirupathur District and consider the bail petition on the same day itself. 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 & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Thirupathur, Thirupathur District, to consider the petitioners' bail application, preferably on the same day of
their surrender in connection with Crime No. 44 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.
06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv
G.K.ILANTHIRAIYAN, J.
kv To
1. The Deputy Superintendent of Police, Thirupathur, Thirupathur District.
2. The Inspector of Police, Natrampalli Police Station, Thirupathur District.
3. The Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Thirupathur, Thirupathur District
4. The Public Prosecutor, High Court, Madras.
06.03.2025