Ragunathan v. The Deputy Superintendetn Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

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

1.The Deputy Superintendent of Police, Thiruvannamalai District 2.The Inspector of Police, Thiruvannamalai Police Station, Thiruvannamalai District crime No.94 of 2025 .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned District and Session Judge, Special Court for SC/ST Court, Thiruvannamalai District to consider the bail application of the petitioner if any filed by him on his surrender on the same day in crime No.94 of 2025 on the file of the second respondent police.

For Petitioner : Mr.V.Arunkumar 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 District and Session Judge, Special Court for SC/ST Court, Thiruvannamalai District, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.94 of 2025, 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 District and Session Judge, Special Court for SC/ST Court, Thiruvannamalai District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.94 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.

22.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned District and Session Judge, Special Court for SC/ST Court, Thiruvannamalai District 2.The Deputy Superintendent of Police, Thiruvannamalai District 3.The Inspector of Police, Thiruvannamalai Police Station, Thiruvannamalai District

4. The Public Prosecutor, High Court, Madras.

22.04.2025