Nithiyanandham v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
1. Nithiyanandham
2. Nithish
3. Gowtham
4. Saminathan .. Petitioners
Versus
1. The State Inspector of Police, Tiruvennainallur Police Station, Villupuram District.
(Crime No.270 of 2025)
2. The State Deputy Superintendent of Police, Villupuram Police Sub-Division, Villupuram, Villupuram District.
3. Krisuhnakumar .. Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, 2023 of 1/7
Cr.P.C., directing the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Villupuram, Villupuram district to accept the surrender of the petitioners herein concerned in Crime No.270 of 2025 on the file of the Inspector of Police, Tiruvennainallur Police Station, Villupuram district and consider their bail petition on the same day itself.
For Petitioner : Mr.M.R.Jothimanian For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl. Side), for RR-1 and 2
ORDER
This petition is filed for a direction to the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST (Prevention of Atrocities) Act, 1989 at Villupuram, Villupuram district to accept the surrender of the petitioners herein concerned in Crime No.270 of 2025 on the file of the Inspector of Police, Tiruvennainallur Police Station, Villupuram district and consider their bail petition on the same day itself. 2/7
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 Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Villupuram, Villupuram district, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.270 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15A of the SC/ST Act. The petitioners 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 petitioners and pass orders. Mere direction issued by this Court to 3/7
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.
26.06.2025 : yes/no grs To
1. The Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC & ST Atrocities Act at Villupuram, Villupuram district
2. The Inspector of Police, Tiruvennainallur Police Station, Villupuram District.
3. The Deputy Superintendent of Police, Villupuram Police Sub-Division, Villupuram, Villupuram District.
4/7
4. The Public Prosecutor, High Court of Madras.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
26.06.2025 7/7