Palanisamy v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

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

1. The Deputy Superintendent of Police, Tiruppur District.

2. State Rep. By The Inspector of Police, Kamanaicken Palayam Police Station, Tiruppur District.

Crime No.73 of 2025

3. Ashok Kumar .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Learned Special Court for Trial of cases under SC/ST Act, Tiruppur, Tiruppur district to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.73 of 2025 on the file of the second respondent Police. For Petitioner : Mr.C.S.Saravanan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition is filed for direction directing the Learned Special Court for Trial of cases under SC/ST Act, Tiruppur, Tiruppur district to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.73 of 2025 on the file of the second respondent Police.

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 Trial of cases under SC/ST Act, Tiruppur, Tiruppur district, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.73 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 Special Court for Trial of cases under SC/ST Act, Tiruppur, Tiruppur district.

2. The Deputy Superintendent of Police, Tiruppur District.

3. The Inspector of Police, Kamanaicken Palayam Police Station, Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

18.03.2025