Santhosh Alias Santhoshkumar v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Santhosh @ Santhoshkumar 2.Subash ... Petitioners Vs.

1.Deputy Superintendent of Police, Kallakurichi District, Kallakurichi 2.The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi (crime No.357 of 2024) 3.Harikrishnan .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order directing the learned Special Court for Exclusive SC/ST Villupuram, to accept the surrender of the petitioner herein concerned in crime No.357 of 2024 on the file of the Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District and consider the anticipatory bail petition on the same day itself.

For Petitioners : Mr.Y.Deva Arul Prakash

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 Special Court for Exclusive SC/ST Villupuram, to accept the surrender of the petitioners herein in crime No.357 of 2024 on the file of the Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District and consider the anticipatory bail petitions on the same day itself. 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 Special Court for Exclusive SC/ST Villupuram, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.357 of 2024 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.

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

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Special Court for Exclusive SC/ST Villupuram 2.Deputy Superintendent of Police, Kallakurichi District, Kallakurichi 3.The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi

4. The Public Prosecutor, High Court, Madras.

22.04.2025