Selvadurai v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8386 of 2025
1. Selvadurai
2. Shanmugavalli
3. Selvamani ... Petitioners Vs.
1. The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.
2. The State Represented by, The Inspector of Police Thirunavalur Police Station, Kallakurichi District.
... Respondents.
(Cr.No.38 of 2025) PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge at Kallakurichi/The Special Court for SC/ST Cases, Kallakurichi, Kallakurichi District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Cr.No.38 of 2025 on the file of the Thirunavalur Police Station, Kallakurichi District.
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For Petitioners : Mr.V.Parthiban For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 & R2
O R D E R
This petition is filed for a direction to the learned Principal District and Sessions Judge at Kallakurichi/The Special Court for SC/ST Cases, Kallakurichi, Kallakurichi District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.38 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 at Kallakurichi/The Special Court for SC/ST Cases, Kallakurichi, 2/5
Kallakurichi District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 38 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.
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1. The Principal District and Sessions Judge, Kallakurichi/The Special Court for SC/ST Cases, Kallakurichi, Kallakurichi District.
2. The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.
3. The Inspector of Police Thirunavalur Police Station, Kallakurichi District.
4. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
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Vv Crl.O.P.No.8386 of 2025 s21.03.2025 5/5