Arun @ Arun Kumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Arun @ Arun Kumar ... Petitioner Vs.

1. The Deputy Superintendent of Police (DSP), Arakkonam,Ranipet District.

2. The Inspector of Police, Kaveripakkam Police Station, Ranipet District.

(Crime No.126 of 2025)

3. Karthik .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Principal Sessions Judge, (Special Court for trial of SC/ST (POA) Act 1989, Ranipet District to accept the surrender of the petitioner along with bail applications in Crime No.126 of 2025 on the file of the 2nd respondent police and to consider the bail application on the same day.

For Petitioner : Mr.S.Sairaman

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

ORDER

This petition is filed for a direction directing the learned Principal Special Court for for trial of SC/ST (POA) Act 1989 Ranipet District to accept the surrender of the petitioner herein concerned in Crime No.126 of 2025 on the file of the Inspector of Police, Kaveripakkam Police Station, Ranipet District and consider the bail petition on the same day itself. 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 Exclusive SC/ST Ranipet to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.126 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.

25.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kkd

G.K.ILANTHIRAIYAN, J.

kkd To

1. The Deputy Superintendent of Police (DSP), Arakkonam,Ranipet District.

2. The Inspector of Police, Kaveripakkam Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

25.03.2025