Muthukumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9677 of 2025 Muthukumar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Perambalur Division, Perambalur District.

2.The State Rep.by The Inspector of Police, Kaikalathur Police Station, Perambalur District.

Crime No.25 of 2025.

3.M.Muruganantham .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C and r/w Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Special Judge, Perambalur designated under SC/ST Act (Principal Sessions Judge, Perambalur) to accept the surrender of the petitioner and consequently consider the bail petition on merits on the same day in Crime No.25 of 2025 dated 17.02.2025 on the file of the respondent police.

For Petitioner : Mr. E.C.Ramesh For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Special Judge, Perambalur for prevention of SC/ST Atrocities, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.25 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 Judge, Perambalur designated under SC/ST Act (Principal Sessions Judge, Perambalur), for prevention of SC/ST Atrocities, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 25 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.

02.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order drl

G.K.ILANTHIRAIYAN, J.

drl To 1.The Special Judge, Perambalur 2.The Deputy Superintendent of Police, Perambalur Division, Perambalur District.

3.The Inspector of Police, Kaikalathur Police Station, Perambalur District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9677 of 2025

02.04.2025