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Madras High CourtCRL OP/15414/2025disposed of

Ramesh v. The State Rep By, The Deputy Superintendent Of Police

2025-05-15Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15414 of 2025 Ramesh ... Petitioner

Versus

1.The State rep. by The Deputy Superintendent of Police, Ranipet District.

2.The State rep. by The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam, Ranipet District.

3.Karthik (Crime No. 360 of 2024) ... Respondents Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore to accept the surrender of the petitioner/Accused No.4 and consider the bail application on the same day in connection with Crime No.360 of 2024 on the file of the 1st respondent Police. For Petitioner :

Mr.V.Umapathy For Respondents :

Mr.V.Meganathan 1/4

Government Advocate (Crl. Side)

ORDER

This petition is filed for a direction to the Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.360 of 2024, 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 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 360 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 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 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.

15.05.2025 dpa To

1. The Deputy Superintendent of Police, Ranipet District.

2.The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam, Ranipet District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

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