Vicky @ Vignesh v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17820 of 2025
1. Vicky @ Vignesh
2. Vijaya ... Petitioners Vs State Rep. By
1. The Deputy Superintendent of Police, Cheyyar Circle, Thiruvannamalai District.
2. The Inspector of Police, Moranam Police Station, Thiruvannamalai District. ... Respondents Crime No.69 of 2025 PRAYER:
Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the learned Principal District and Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvannamalai District, to consider the bail applications filed by the petitioners on the same day of their surrender in Crime No.69 of 2025, on the file of the respondent Police.
For Petitioners : Mr.J.Arul Prakasam For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvannamalai District, to consider the bail applications filed by the petitioners on the same day of their surrender in Crime No.69 of 2025, on the file of the respondent Police.
2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent and perused the materials available on record.
3. It is to be noted that as per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), there is a bar to file a petition under Section 438
Cr.P.C./483 of B.N.S.S. 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 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./528 of B.N.S.S. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C./528 of B.N.S.S. should be exercised sparingly. When there is a 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's application is directed to be considered on the same day without giving notice to the victim, the purpose of Sections 18 and 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./528 of B.N.S.S., which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall
stand dismissed.
5. However, the petitioners are at liberty to workout their remedy before the Special Court in the manner known to law and the learned Special Judge/Magistrate is directed to exercise his/her discretionary power after giving notice to the victim. The learned Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act. 20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To
1. The Principal District and Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Thiruvannamalai District
2. The Deputy Superintendent of Police, Cheyyar Circle, Thiruvannamalai District.
3. The Inspector of Police, Moranam Police Station, Thiruvannamalai District.
4. The Public Prosecutor, High Court, Chennai.
P.VELMURUGAN, J mfa Crl.O.P.No.17820 of 2025 20.06.2025