M.Suresh v. The State Rep By, The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2025
CORAM
THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Crl.O.P.No.16283 of 2025 1.M.Suresh 2.N.Suresh @ Rayar .. Petitioners/Accused 3 & 4 Vs.
1.The State rep by The Deputy Superintendent of Police, Attur, Salem District.
2.The Inspector of Police, Thammampatty Police Station, Salem District.
(Crime No.112 of 2025) 3.Chandrasekaran .. Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023; to direct the petitioners to surrender and move bail application and direct the Special Court for Trial Cases under SC/ST (POA) Act, Salem District to consider the petitioners bail application in Crime No.112 of 2025 on the file of the 2nd respondent police on the same day of their surrender. Page No.1 of 5
For Petitioners : Mr.B.Karthikeyan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This petition is filed for a direction to the Special Court for Trial Cases under SC/ST (POA) Act, Salem District, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.112 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 Special Court for Trial Cases under SC/ST (POA) Act, Salem District, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.112 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 Page No.2 of 5
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 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.
28.05.2025 ata/rkp Note :
1.Registry is directed to forthwith upload this order in the official website of this Court.
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
Page No.3 of 5
To 1.The Deputy Superintendent of Police, Attur, Salem District.
2.The Inspector of Police, Thammampatty Police Station, Salem District.
3.The Special Court for Trial Cases under SC/ST (POA) Act, Salem District.
4.The Public Prosecutor, Madras High Court, Chennai.
Page No.4 of 5
K. GOVINDARAJAN THILAKAVADI , J.
ata/rkp Crl.O.P.No.16283 of 2025 28.05.2025 Page No.5 of 5