Saravanan v. The State Rep By Its The Deputy 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. 12624 of 2025 1.Saravanan 2.Prakash @ Prakasam ....

Petitioners Vs 1.The Deputy Superintendent of Police, Rasipuram, Namakkal District 2.The Inspector of Police, Belukurichi Police Station, Namakkal District (crime No.37 of 2025) 3.Nanthakumar ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Court for Trial of Cases under SC/ST (POA) Act cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with crime No.332 of 2024 on the file of the second respondent police on the same day.

For Petitioners : Mr.W.Camyles Gandhi 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 learned Special Court for Trial of Cases under SC/ST (POA) Act cases, Namakkal District to consider the bail applications filed by the petitioners on their surrender in connection with crime No.332 of 2024 on the file of the second respondent police on the same day.

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 Trial of Cases under SC/ST (POA) Act cases, Namakkal District to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.332 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.

24.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Special Court for Trial of Cases under SC/ST (POA) Act cases, Namakkal District 2.The Deputy Superintendent of Police, Rasipuram, Namakkal District 3.The Inspector of Police, Belukurichi Police Station, Namakkal District

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12624 of 2025 24.04.2025