Raghachandriga v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY Raghachandriga W/o.Raghuraman, No.1/147, Natesan Nagar, Kandamangalam, Vilupuram Taluk, Vilupuram District.

... Petitioner Vs

1. State by Deputy Superintendent of Police, Viluppuram Sub-Division, Villupuram District.

2.Inspector of Police, Kandamangalam Police Station, Viluppuram District. Crime No.168 of 3.Sumathi W/o.Jayamoorthi, Natesan Nagar, Kandamangalam, Villupuram Taluk, Villupuram District.

... Respondent(s) Prayer :- Criminal Original Petition filed under under Section 528 of BNSS to pass an order directing the Learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC and ST Atrocities Act at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.168 of 2025 on the file of Inspector of Police, Kandamangalam

Police Station, Villupuram District and consider the bail petition on the same day itself and pass such further order or other orders as this Honble Court. For Petitioners : Mr.S.Sasikumar 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 Sessions Judge, Special Court for Exclusive Trial of cases registered under SC and ST Atrocities Act at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.168 of 2025 on the file of Inspector of Police, Kandamangalam Police Station, Villupuram District.

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, Villupuram, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.168 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 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 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.

11.07.2025 KST To

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

2. The Inspector of Police Kandamangalam Police Station, Villupuram District.

4. The Public Prosecutor High Court of Madras.

D. BHARATHA CHAKRAVARTHY , J.

KST 11.07.2025