D.Srinivasan v. The State Rep. By Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. D.Srinivasan

2. S.Jayasudha ... Petitioners Vs.

1. The State Rep. By Assistant Commissioner of Police, Kondalampatti Range, Salem City.

2. The State Represented By, Inspector of Police, Steel Plant Police Station Salem District.

(Crime No.42 of 2025)

3. Chelladurai .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the Special Court for SC/ST Act Cases, Salem, to consider the bail application of the petitioners concerned in Crime No.42 of 2025 on the file of the Inspector of Police, Steel Plant Police Station, Salem district on their surrender on the same day on such terms and conditions.

For Petitioners : Mr.C.Prabakaran For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition is filed for a direction directing the Special Court for SC/ST Act Cases, Salem, to consider the bail application of the petitioners concerned in Crime No.42 of 2025 on the file of the Inspector of Police, Steel Plant Police Station, Salem district on their surrender on the same day on such terms and conditions.

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 Special Court for SC/ST Act Cases, Salem , to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.42 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

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.

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

G.K.ILANTHIRAIYAN, J.

mn To

1. The Special Court for SC/ST Act Cases, Salem.

2. The Assistant Commissioner of Police, Kondalampatti Range, Salem City.

3. The Inspector of Police, Steel Plant Police Station Salem District.

4. The Public Prosecutor, High Court, Madras.

18.03.2025