Rajivgandhi v. State Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Rajivgandhi ... Petitioner Vs.

1. State : Deputy Superintendent of Police, Bargur, Krishnagiri District.

(Crime No.89 of 2025 of Bargur Police Station)

2. The State represented by its Inspector of Police, Krishnagiri District.

(Crime No.89 of 2025) .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioner in Crime No.89 of 2025 on the file of Inspector of Police, Bargur Police Station, Krishnagiri district on the same day on merits of his surrender.

For Petitioner : Mr.M.P.Saravanan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition is filed for direction directing the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioner in Crime No.89 of 2025 on the file of Inspector of Police, Bargur Police Station, Krishnagiri district on the same day on merits of his surrender.

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, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.89 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.

18.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Principal District and Sessions Judge, Krishnagiri.

2. The Deputy Superintendent of Police, Bargur, Krishnagiri District.

3. The Inspector of Police, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

18.03.2025