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Madras High CourtCRL OP/19092/2025disposed of

V.Rajendran v. The Deputy Superintendent Of Police

2025-07-02Honourable Mr.Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY 1.V.Rajendran 2.A.K.Balusamy 3.Mohan 4.Devendiran 5.Selvam 6.Veeramani 7.Ravi 8.Kumar 9.Saravanan 10.Selvaraj @ Karupannan 11.Silambarasan 12.Sivakumar 13.Ajith 14.Sugumar 15.Sakthivel 16.Murugan 17.Victoriya ... Petitioner -Vs1. The Deputy Superintendent of Police Perambalur District Perambalur.

2.State rep The Inspector of Police Mangalamedu Police Station Perambalur District.

(Crime No.208 of 2025) 3.Tamilvendhan ... Respondents

Prayer :- Criminal Original Petition filed under under Section 528 of BNSS to direct the learned Principal District and Sessions Judge/Special Courts for SC/ST Cases, Perambalur, to consider the bail application of the petitioners on the same day of surrender in connection to the Crime No.208 of 2025 on the file of the Mangalamedu Police Station, Perambalur District, by appreciating the facts and circumstances of the case.

For Petitioners : Mr.T.Balaji For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for RR1 & 2

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge/Special Courts for SC/ST Cases, Perambalur, to accept the surrender of the petitioners, in connection with Crime No.208 of 2025 on the file of the 2nd respondent - Police, and consider the bail petition filed by the petitioners 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

District and Sessions Judge/Special Courts for SC/ST Cases, Perambalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.208 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15A of the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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 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.

02.07.2025 Jer To

1. The Principal District and Sessions Judge/Special Courts for SC/ST Cases,

Perambalur.

2. The Deputy Superintendent of Police Perambalur District Perambalur.

3. The Inspector of Police Mangalamedu Police Station Perambalur District.

4. The Public Prosecutor High Court of Madras.

D. BHARATHA CHAKRAVARTHY , J.

Jer 02.07.2025