Selvam v. The State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM
THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY 1.Selvam 2.Veeramani 3.Govindhi 4.Mathayan ... Petitioners -Vs1. State by Inspector of Police Pennagaram Police Station Pennagaram Dharmapuri District.
(Crime No.164 of 2025) 2.The State Deputy Superintendent of Police Pennagaram Police Sub-Division Pennagaram Dharmapuri District.
3. Deivanai ... Respondents Prayer :- Criminal Original Petition filed under under Section 528 of BNSS, 2023 to direct the learned Sessions Judge, Special Courts for trial of cases registered under SC/ST (POA) Act, Dharmapuri, Dharmapuri District, to accept the surrender of the petitioners herein concerned in Crime No.164 of 2025 on the file of the Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.
For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.S.Vinothkumar 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 Courts for trial of cases registered under SC/ST (POA) Act, Dharmapuri, Dharmapuri District, to accept the surrender of the petitioners, in connection with Crime No.164 of 2025 on the file of the 2nd respondent - Police, and consider the bail petitions 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 Sessions Judge, Special Courts for trial of cases registered under SC/ST (POA) Act, Dharmapuri, Dharmapuri District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.164 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 petitions on the same day does not amount to consider it favourably.
4. With the above direction, the Criminal Original Petition stands disposed of.
24.07.2025 Jer To
1. The Sessions Judge, Special Courts for trial of cases registered under SC/ST (POA) Act, Dharmapuri, Dharmapuri District.
2. The Inspector of Police Pennagaram Police Station Pennagaram, Dharmapuri District.
3.The State Deputy Superintendent of Police Pennagaram Police Sub-Division Pennagaram, Dharmapuri District.
4. The Public Prosecutor High Court of Madras.
D. BHARATHA CHAKRAVARTHY , J.
Jer 24.07.2025