M.Dinesh Gandhi v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Dinesh Gandhi ... Petitioner Vs.

1. The Deputy Superintendent of Police, Panruti, Cuddalore District.

2. The State Rep By Inspector of Police, Panruti Police Station, Cuddalore District.

Crime No.162 of 2025 .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.162 of 2025 on the file of the Panruti Police Station, Cuddalore District.

For Petitioner : Mr.D.Lakshmipathy For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition is filed for direction directing the Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.162 of 2025 on the file of the Panruti Police Station, Cuddalore District.

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 Court for SC/ST (Prevention of Atrocities) Act at Cuddalore, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.162 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.

23.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore.

2. The Deputy Superintendent of Police, Panruti, Cuddalore District.

3. The Inspector of Police, Panruti Police Station, Cuddalore District.

4. The Public Prosecutor, High Court, Madras.

23.04.2025