Gnana Selvajothi Jesudhasan v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Gnana Selvajothi Jesudhasan .. Petitioner
Versus
1.
The Superintendent of Police, Kancheepuram District.
2.
State by the Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.
Crime No.358 of 2025.
3.
Ragini .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, directing the learned Principal Sessions and District Judge, Kancheepuram (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioner herein concerned in Crime No.358/2025 on the file of the Inspector of Police, Sriperumbudur Police Station, Kancheepuram District and consider their bail application on the same day itself.
For Petitioner : M/s.A.Samson For Respondents : Dr.C.E.Pratap Government Advocate (Crl.side)
ORDER
This petition is filed for a direction to the learned Principal Sessions and District Judge, Kancheepuram (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioner, in connection with Crime No.358 of 2025 on the file of the second respondent - Police, and consider the bail petition filed by the petitioner on the same day in accordance with law.
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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal Sessions and District Judge, Kancheepuram (Special Court for SC/ST Prevention of Atrocities Act) to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.358 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15A of the SC/ST (Prevention of Atrocities) 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.
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 shall 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.
27.06.2025 : yes/no veda To 1.
The Superintendent of Police, Kancheepuram District.
2.
State by the Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.
3.
Principal Sessions and District Judge (Special Court for SC/ST Prevention of Atrocities Act), Kancheepuram 4.
The Public Prosecutor, High Court of Madras.
D.BHARATHA CHAKRAVARTHY, J.
veda 27.06.2025