Chinnasami v. The State Rep. By The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Chinnasami 2.Balamani @ Rekha ... Petitioners Vs.

1.State: Deputy Superintendent of Police, Hosur, Krishnagiri District (crime No.111 of 2025 of Hosur Town Police Station) 2.The State Rep. by its Inspector of Police, Hosur Town Police Station, Krishnagiri District (crime No.111 of 2025) .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in crime No.111 of 2025 on the file of Inspector of Police, Hosur Town Police Station, Krishnagiri District on the same day on merits of their surrender.

For Petitioners : Mr.M.P.Saravanan

For Respondents For R1 & 2 : Mr.A.Gopinath, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in crime No.111 of 2025 on the file of Inspector of Police, Hosur Town Police Station, Krishnagiri District on the same day on merits of their surrender.

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, Krishnagiri, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.111 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 petitions, 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 petitions on the same day, does not amount to consider it favourably.

4.

With the above direction, the Criminal Original Petition stands disposed of.

08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Principal District and Sessions Judge, Krishnagiri 2.Deputy Superintendent of Police, Hosur, Krishnagiri District 3.The Inspector of Police, Hosur Town Police Station, Krishnagiri District

4. The Public Prosecutor, High Court, Madras.

08.04.2025