Shanthi v. State Represented 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.15344 of 2025 1.Shanthi 2.Devendhiran ... Petitioners

Versus

1.The State rep. by The Deputy Superintendent of Police, Polur DSP Office, Tiruvannamalai District.

2.The State rep. by The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

(Crime No. 64 of 2025) ... Respondent Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District and Sessions Judge (Special Court for SC/ST Act), Tiruvannamalai to consider the bail application of the petitioners to be filed on the same day on their surrender in Crime No.64 of 2025 pending investigation on the file of the 2nd respondent. For Petitioners :

Mr.S.Sathishkumar For Respondents :

Mr.V.Meganathan Government Advocate (Crl. Side)

ORDER

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This petition is filed for a direction to the learned Principal District and Sessions Judge (Special Court for SC/ST Act), Tiruvannamalai, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.64 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 Principal District and Sessions Judge (Special Court for SC/ST Act), Tiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 64 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 2/4

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 To 1.The Deputy Superintendent of Police, Polur DSP Office, Tiruvannamalai District.

2.The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

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