G.Nagamani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 12790 of 2025 G.Nagamani ....

Petitioner Vs 1.The Superintendent of Police, Tirupattur, Tirupattur District 2.The State Represented by The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur, Tirupattur district (cr.No.80 of 2025) 3.Praveen Kumar ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Principal District and Sessions Judge, Tirupattur to consider the bail application in SC/ST Act sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with crime No.80 of 2025 pending before the respondent police.

For Petitioner : Mr.M.Premkumar

For Respondents For R1 & R2 : Mr.A.Gopinath, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Tirupattur to consider the bail application in SC/ST Act sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with crime No.80 of 2025 pending before the respondent police.

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 Principal District and Sessions Judge, Tirupattur to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.80 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.

24.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The Principal District and Sessions Judge, Tirupattur 2.The Superintendent of Police, Tirupattur, Tirupattur District 3.The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur, Tirupattur district

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12790 of 2025 24.04.2025