Sumathi v. The State Rep By, The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sumathi ... petitioner Vs

1. The State Represented by The Deputy Commissioner of Police, Madhuravoyal, Chennai.

2. The State represented by The Inspector of Police, K-11, CMBT Police Station, Chennai.

Crime No.254 of 2025

3. Dilliraja @ L.Dillibabu ... Respondents Criminal Original Petition is filed under Section 528 of BNSS., to to issue necessary direction to the learned Principal District Sessions Judge, City Civil Court, Chennai to consider and pass orders in SC/ST bail application to be filed by the petitioner on the same day in connection with Crime No.254 of 2025 pending on the file of the first respondent. 1/5

For petitioner : Ms.R.Saritha 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 learned Principal District Sessions Judge, City Civil Court, Chennai to consider the petitioner's bail application on the same day of her surrender in Crime No.254 of 2025 on the file of the first respondent Police, 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 learned Principal District Sessions Judge, City Civil Court, Chennai, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 254 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim 2/5

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.

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To

1. The Deputy Commissioner of Police, Madhuravoyal, Chennai.

2. The Inspector of Police, K-11, CMBT Police Station, Chennai.

3. The Principal District Sessions Judge, City Civil Court, Chennai.

4. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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