Thangamani v. State Rep. By 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.8397 of 2025 Thangamani ... Petitioner Vs.

1. State Rep by The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

2. The Inspector of Police Mecheri Police Station, Salem District.

... Respondents.

(Cr.No.112 of 2025) PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for the cases under SC/ST Act, Salem to accept the surrender of the petitioners and to consider the bail petition on the same day in Cr.No.112 of 2025 on the file of the second respondent police.

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For Petitioners : Mr.C.Deepakkumar 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 Special Court for the cases under SC/ST Act, Salem , to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.112 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 Special Court for the cases under SC/ST Act, Salem , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.112 of 2025 and pass appropriate orders in accordance with law, after affording due 2/5

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.

21.03.2025 Vv To

1. The Special Court for the cases 3/5

under SC/ST Act, Salem

2. The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

3. The Inspector of Police Mecheri Police Station, Salem District.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 4/5

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