Suresh 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

1. Suresh

2. Lakshmi

3. Sikhandar Basha @ Basha

4. Chandral ... Petitioners Vs State rep. by its

1. The Deputy Superintendent of Police, Kangayam, Tiruppur District.

2. The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(Crime No.95 of 2025)

3. Manibharath ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the learned Special Court for the Exclusive Trial of Cases under SC/St (POA) Act, Tiruppur to consider the bail application filed by the 1/5

petitioners on their surrender in connection with Crime No.95 of 2025 on the file of the second respondent Police on the same day. For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1 & R2)

O R D E R

This petition is filed for a direction to the Special Court for the Exclusive Trial of Cases under SC/St (POA) Act, Tiruppur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.95 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 Special Court for the Exclusive Trial of Cases under SC/St (POA) Act, Tiruppur, to consider the petitioners' bail application, preferably on the same 2/5

day of their surrender in connection with Crime No. 95 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 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 petitioners 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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To

1. The Deputy Superintendent of Police, Kangayam, Tiruppur District.

2. The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3. The Special Court for the Exclusive Trial of Cases under SC/St (POA) Act, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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