Balaguru.K v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Balaguru K.

... Petitioner Vs.

1.

The Superintendent of Police, O/o.The Superintendent of Police, Villupuram District.

2.

The Inspector of Police, All Women Police Station, Villupuram, Crime No.72 of 2025.

3.

Manjula ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Sessions Judge, Special Court for Exclusively trial of Cases under SC/ST (POA) Act, Villupuram District to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.72 of 2025, on the file of the Inspector of Police, All Women Police Station, Villupuram District.

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For Petitioner : Mr.K.Chandrasekar For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 and R2

O R D E R

This Criminal Original Petition is filed to direct the Sessions Judge, Special Court for Exclusively trial of Cases under SC/ST (POA) Act, Villupuram District to consider the bail application of the petitioner herein on the same day of his surrender pertaining to Crime No.72 of 2025, on the file of the second respondent-Police.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and also perused the materials available on record.

3. It is to be noted that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), is bar to file a petition under Section 438 Cr.P.C. Therefore Anticipatory Bail is not maintainable for the offence under the SC/ST Act. Further Section 15A under Chapter IV-A was introduced by Act 1 of 2016 w.e.f. 26.01.2016, as per which, notice has to be sent to the 2/5

victim, in respect of any proceedings and without giving notice, no proceedings shall be proceeded further. Further, the inherent power under Section 482 Cr.P.C. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C. should be exercised sparingly. When there is specific bar under the Special Act, this Court cannot ignore the intention of the Legislators and the purpose of enactment of the Special Act. If the petitioner application is directed to be considered on the same day without giving notice to the victim, the purpose of Section 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.

4. Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C., which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall stand dismissed. However, the petitioner is at liberty to workout his remedy in the manner known to law and the learned Special Judge is directed to exercise his/her discretionary power, after giving notice to the victim. The learned 3/5

Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act. 13.06.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Sessions Judge, Special Court for Exclusively trial of Cases under SC/ST (POA) Act, Villupuram District 2.

The Superintendent of Police, O/o.The Superintendent of Police, Villupuram District.

3.

The Inspector of Police, All Women Police Station, Villupuram, 4.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 13.06.2025 5/5