Chinnasamy v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP No. 16138 of 2025 Chinnasamy .

... Petitioner Vs 1.The State Represented by, Deputy Superintendent of Police, Palladam Range, Tiruppur City.

2. The State Represented by, Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No. 569 of 2025)

3. Kowsalya ... Respondents Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Court for SC/ST Act, Tiruppur to consider the bail application of the petitioner concerned in Crime No.569 of 2025 on the file of the second respondent on his surrender on the same day on such terms and conditions. For Petitioner : Mr.M.Shankar For R1 & R2 : Mr.S.Santhosh Public Prosecutor 1/4

ORDER

This petition is filed for a direction to the learned Special Judge, for SC / ST cases, Tiruppur, to consider the bail application of the petitioner concerned in Crime No. 569 of 2025 on the file of the second respondent on his surrender on the same on such terms and conditions.

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 Special Judge for SC / ST cases, Tiruppur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 569 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 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.

28.05.2025 uma Index : Yes / No Speaking order / Non-speaking order Note: Issue order copy tomorrow (29.05.2025) To

1. The Special Court for SC/ST Act Case, Tiruppur 2.The Deputy Superintendent of Police, Palladam Range, Tiruppur City.

3. The Inspector of Police, Palladam Police Station, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

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K.GOVINDARAJAN THILAKAVADI, J.

uma Crl.O.P.No.16138 of 2025 28.05.2025 4/4