Madras High CourtCRL OP/16109/2025disposed of

Manivannan v. The Deputy Superintendent Of Police,

2025-05-28Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP No. 16109 of 2025 Manivannan .

... Petitioner Vs

1. The Deputy Superintendent of Police, Dharmapuri Sub Division, Dharmapuri..

2. The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

Cr.No.264 of 2025.

... Respondents Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue direction to the learned Principal Sessions Judge, (The Special Judge for SC/ST (POA) Act Cases, Dharmapuri to consider the bail application on the same day according to law in Cr.No.264 of 2025 on the file of the Inspector of Police, Dharmapuri, Dharmapuri District.

For Petitioner :

Mr.B.Vasudevan For R1 & R2 :

Mr.S.Santhosh Public Prosecutor 1/4

ORDER

This petition is filed for a direction to the learned Principal Sessions Judge, (The Special Judge for SC/ST (POA) Act Cases, Dharmapuri, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.264 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 Sessions Judge, (The Special Judge for SC/ST (POA) Act Cases, Dharmapuri, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.264 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. 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 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 Note:Issue order copy on 29.05.2025 Index : Yes / No Speaking order / Non-speaking order To:

1. The Principal Sessions Judge, (The Special Judge for SC/ST (POA) Act Cases, Dharmapuri 2.The Deputy Superintendent of Police, Dharmapuri Sub Division, Dharmapuri.

3.The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

K.GOVINDARAJAN THILAKAVADI, J.

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uma 28.05.2025 4/4