Muthal v. The State Rep. By 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.Muthal 2.Suresh alias Prabakaran 3.Thavamani 4.Selvamani 5.Elumalai 6.Arivazhagan 7.Shanamugam ... Petitioners Vs.

1.The State by Deputy Superintendent of Police, Gingee Sub Division, Villupuram District 2.The State by, Inspector of Police, Nallampillaipetral Police Station, Villupuram District (crime No.33 of 2025) 3.Kiruthiga .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram to consider the bail application of the petitioner on the very same day of his surrender

itself in connection with crime No.33 of 2025 pending on the file of the second respondent police.

For Petitioners : Mr.C.Ganesh Pandian 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 Sessions Judge, Special Court for SC/ST Act Cases, Villupuram to consider the bail applications of the petitioners on the very same day of their surrender itself in connection with crime No.33 of 2025 pending on the file of the second respondent police.

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 Sessions Judge, Special Court for SC/ST Act Cases, Villupuram, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime

No.33 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 Sessions Judge, Special Court for SC/ST Act Cases, Villupuram 2.Deputy Superintendent of Police, Gingee Sub Division, Villupuram District 3.The Inspector of Police, Nallampillaipetral Police Station, Villupuram District

4. The Public Prosecutor, High Court, Madras.

08.04.2025