Munusamy v. 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 Munuswamy ... Petitioner Vs
1. The Deputy Superintendent of Police, Arani, Tiruvannamalai District.
2. The Sub Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.
... Respondents Prayer: Criminal Original Petition filed under 528 of BNSS., 2023, to direct the Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai to consider the bail application on surrendering and filing of the bail application by the petitioner on the same day in Crime No.152/2025 on the file of the 2nd respondent police.
For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.A.Gopinath, Govt. Advocate (Crl. Side)
ORDER
This petition is filed for a direction to the Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai to consider the bail application on surrendering and filing of the bail application by the petitioner on the same day in Crime No.152/2025 on the file of the 2nd respondent police, 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 Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.152 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, Arani, Tiruvannamalai District.
2. The Sub Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.
3. The Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai.
4. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN. J, kv 17.04.2025