Barani @ Baranitharan v. 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. 11226 of 2025 1.Barani @ Baranitharan 2.Ayyanar 3.Murugan 4.Saranraj 5.Ashok @ Ashokkumar 6.Santhosh ....

Petitioners Vs 1.The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District 2.State, rep. by The Inspector of Police, Thirunavalur Police Station, Kallakurichi District (crime No.150 of 2025) 3.Sumansmary ....

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 Court for Exclusive Trial the Scheduled caste/Scheduled Tribes(prevention of atrocities) Amendment

Act cases, Kallakurichi to consider the bail petition of the petitioner's /accused on the same day in the event of surrender by the petitioners/accused and grant bail in crime No.150 of 2025 on the file of the respondent police pending investigation.

For Petitioners : Mr.M.Muthukrishnan 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 Court for Exclusive Trial the Scheduled caste/Scheduled Tribes(prevention of atrocities) Amendment Act cases, Kallakurichi to consider the bail petition of the petitioner's /accused on the same day in the event of surrender by the petitioners/accused and grant bail in crime No.150 of 2025 on the file of the respondent police pending investigation.

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 Court for Exclusive Trial the Scheduled caste/Scheduled Tribes(prevention of atrocities) Amendment Act cases, Kallakurichi to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.150 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.

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

To 1.The learned Principal District and Sessions Judge, Special Court for Exclusive Trial the Scheduled caste/Scheduled Tribes(prevention of atrocities) Amendment Act cases, Kallakurichi 2.The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District 3.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.11226 of 2025

16.04.2025