Naveeth @ Naveeth Ahamed v. State Rep By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Naveeth @ Naveeth Ahamed

2. Dinesh Kumar ... Petitioners Vs

1. State Rep. by:

The Deputy Superintendent of Police, Vandavasi South Police Station, Tiruvannamalai District.

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

(Crime No.24 of 2025)

3. Gnanaoli ... Respondents Prayer:Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider and pass order on the petitioners' bail application in connection with the Crime No.24 of 2025 on the file of the second respondent Police on their surrender.

For Petitioners : Mr.E.Sathiyaraj For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1 & R2) O RDER This petition is filed for a direction to the learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.24 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 learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime

No.24 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.

13.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Principal District and Sessions Judge-cum-Special Judge for SC/ST Cases, Tiruvannamalai.

2. The Deputy Superintendent of Police, Vandavasi South Police Station, Tiruvannamalai District.

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

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 13.03.2025