Chellammal v. The State Rep By 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 Chellammal ... Petitioner Vs

1. The Deputy Superintendent of Police, Chengalpattu Division, Chengalpattu District.

2. Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

Crime No.791 of 2024

3. Vidya ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the Principal District Sessions Judge, Chengalpattu to accept the surrender of the petitioner and consider the bail petition on the same day in Crime No.791 of 2024.

For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1 & R2) 1/5

O R D E R

This petition is filed for a direction to thePrincipal District Sessions Judge, Chengalpattu , to consider the petitioner's bail petition on the same day of her surrender in connection with Crime No.791 of 2024, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The learned counsel for the petitioner claims that in respect of Crime No.791 of 2024, S.C.No.115 of 2025 is pending before the Principal District Sessions Judge, Chengalpattu.

3. 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 Sessions Judge, Chengalpattu, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.791 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 petitioner shall surrender before the concerned 2/5

jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

4. 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 Deputy Superintendent of Police, Chengalpattu Division, Chengalpattu District.

2. The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

3. The Principal District Sessions Judge, Chengalpattu.

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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