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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 11217 of 2025 Sasikumar ....

Petitioner Vs 1.The State rep. by Deputy Superintendent of Police, Villupuram, Villupuram District 2.The State, rep. by Inspector of Police, Tiruvennainallur Police Station, Villupuram District (crime No.152 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/ Special Courts for SC/ST cases, Villupuram to consider the bail application of the petitioner herein on the same day of his surrender pertaining to the crime No.152 of 2025 on the file of the Tiruvennainallur Police Station, Villupuram District by appreciating the stated facts and circumstances.

For Petitioner : Mr.M.Rohini

For Respondents For R1 & R2 : 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/ Special Courts for SC/ST cases, Villupuram to consider the bail application of the petitioner herein on the same day of his surrender pertaining to the crime No.152 of 2025 on the file of the Tiruvennainallur Police Station, Villupuram District by appreciating the stated facts and circumstances.

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/ Special Courts for SC/ST cases, Villupuram to consider the petitioner's bail application, preferably on the same day of his surrender in connection

with Crime No.152 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.

16.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Principal District and Sessions Judge/ Special Courts for SC/ST cases, Villupuram 2.The Deputy Superintendent of Police, Villupuram, Villupuram District 3.The Inspector of Police, Tiruvennainallur Police Station, Villupuram District

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11217 of 2025