G.Harikrishnan v. The State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Harikrishnan ... Petitioner Vs

1. The State rep. by The Deputy Superintendent of Police, Gudiyatham, Vellore District - 635 810.

2. The Inspector of Police, Pernampet Police Station, Vellore District - 625 810.

(Crime No.87 of 2025) ... Respondents Prayer: Criminal Original Petition filed under 528 of BNSS., 2023, to direct the Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Vellore to consider the bail application filed by the petitioner and the same may be considered on the same day in connection with Crime No.87 of 2025 on the file of the Inspector of Police, Pernampet Police Station, Vellore District.

For Petitioner : Mr.P.Praveen Kumar For Respondents : Mr.A.Gopinath,

Govt. Advocate (Crl. Side)

ORDER

This petition is filed for a direction to the Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Vellore to consider the bail application filed by the petitioner and the same may be considered on the same day in connection with Crime No.87 of 2025 on the file of the Inspector of Police, Pernampet Police Station, Vellore District, 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 Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Vellore, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.87 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.

17.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Deputy Superintendent of Police, Gudiyatham, Vellore District - 635 810.

2. The Inspector of Police, Pernampet Police Station, Vellore District - 625 810.

3. The Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Vellore.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 17.04.2025