Kalaiselvi v. 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.Kalaiselvi 2.Karuppu 3.Karupayi ... Petitioners Vs.

1.State rep by The Deputy Superintendent of Police, Udumalpet, Tiruppur district 2.State rep. by The Inspector of Police, Amaravathi Police Station, Tiruppur District (crime No.33 of 2025) 3.Malaiyammal .. 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, Tiruppur (Special Judge for SC/ST Act cases) to consider the petitioners' bail application to be filed on the same day on their surrender in crime No.33 of 2025 pending investigation on the file of the second respondent.

For Petitioners : Mr.M.N.Balakrishnan 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, Tiruppur (Special Judge for SC/ST Act cases) to consider the petitioners' bail application to be filed on the same day on their surrender in crime No.33 of 2025 pending investigation on the file of the second respondent.

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, Tiruppur (Special Judge for SC/ST Act cases), 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 Principal District and Sessions Judge, Tiruppur (Special Judge for SC/ST Act cases) 2.The Deputy Superintendent of Police, Udumalpet, Tiruppur district 3.The Inspector of Police, Amaravathi Police Station, Tiruppur District

4. The Public Prosecutor, High Court, Madras.

08.04.2025