Vellayan @ Jayasankar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vellayan @ Jayasankar ... Petitioner Vs

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

2. The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.

(Crime No.90 of 2025)

3. Nanmani ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., directing the learned Sessions and District Judge, Cuddalore (Special Court for the Exclusive Trial of SC and ST Cases, Cuddalore) to accept the surrender of the petitioner herein concerned in Crime No.90 of 2025 on the file of the Inspector of Police, Kullanchavadi Police Station, Cuddalore and consider their bail application on the same day itself. 1/5

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the learned Sessions and District Judge, Cuddalore (Special Court for the Exclusive Trial of SC and ST Cases, Cuddalore), to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.90 of 2025, 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 learned Sessions and District Judge, Cuddalore (Special Court for the Exclusive Trial of SC and ST Cases, Cuddalore), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 90 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15(a) of the 2/5

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.

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1. The Sessions and District Judge, Cuddalore (Special Court for the Exclusive Trial of SC and ST Cases, Cuddalore).

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

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

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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