Vignesh v. The State Rep. By The Deputy Superintendent Of Police,
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.15201 of 2025 1.Vignesh 2.Balamurugan alias Kutti 3.Manikandan 4.Sivagami 5.Sangeetha ... Petitioners
Versus
1.The Deputy Superintendent of Police, Deputy Superintendent Office Thiruvannamalai District.
2.State Represented by The Inspector of Police, Cheyyar Police Station, Thiruvannamalai - 604407.
(Crime No. 140 of 2025) ... Respondent Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai, to accept the surrender of the petitioners and to consider the bail application on the same day in Crime No.140 of 2025 on the file of the respondent Police.
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For Petitioners :
Mr.S.Charles For Respondent :
Mr.V.Meganathan Government Advocate (Crl. Side)
ORDER
This petition is filed for a direction to learned Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.140 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 Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 141 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. 2/4
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.
15.05.2025 dpa/cda To 1.The Deputy Superintendent of Police, Deputy Superintendent Office Thiruvannamalai District.
2.The Inspector of Police, Cheyyar Police Station, Thiruvannamalai - 604407.
3.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
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