Rajalingam v. State Rep.By Its, 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 Crl.O.P.No.13825 of 2025 Rajalingam ... Petitioner Vs State rep. by its (Crime No.37 of 2025)

3. Nanthakumar ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the learned Juvenile Justice Board, Namakkal to consider the bail application filed by the petitioner's son namely Minor.Dharshan, S/o.Rajalingam, aged about 16 years, on his surrender in connection with Crime No.37 of 2025, on the file of the respondent Police on the same day. 1/6

Crl.O.P.No.13828 of 2025 Sukumar ... Petitioner Vs State rep. by its (Crime No.37 of 2025)

3. Nanthakumar ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the learned Juvenile Justice Board, Namakkal to consider the bail application filed by the petitioner's son namely Minor.Hari, S/o.Sukumar, aged about 15 years, on his surrender in connection with Crime No.37 of 2025, on the file of the respondent Police on the same day. For Petitioner in both Crl.O.Ps : Mr.W.Camyles Gandhi For Respondents : Mr.A.Gopinath, in both Crl.O.Ps Government Advocate (Crl.Side) (for R1 & R2) 2/6

C O M M O N O R D E R These petitions are filed for a direction to the learned Juvenile Justice Board, Namakkal, to consider the petitioners' sons bail petitions on the same day of their surrender in connection with Crime No.37 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 Juvenile Justice Board, Namakkal, to consider the petitioners' sons bail applications, preferably on the same day of their surrender in connection with Crime No.37 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 petitioners' sons 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.

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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 petitioners' sons 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 directions, these Criminal Original Petitions stand disposed of.

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3. The Juvenile Justice Board, Namakkal.

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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