Chitra v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 1.
Chitra 2.
Manavalan 3.
M.Cibi Chakkaravarthy ... Petitioners Vs.
1.
The Superintentent of Police, Salem District, Salem.
2.
The State, Represented by the Inspector of Police, Yercaud Police Station, Salem District. (Crime No.182/2025) 3.
Vellaiyan ... Respondents Prayer: Petition filed under Section 528 of B.N.S.S.Act, 2023., to direct the learned Principal District and Sessions Judge/Special Court for SC/ST Cases, Salem to consider bail application of the petitioners herein on the very same day of surrender pertaining to the Crime No.182 of 2025 on the file of the second respondent police by appreciating the facts and circumstances of the case and pending disposal of such regular bail application, this Court may be pleased to grant interim protection from arrest to the petitioners in connection with the above crime.
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For Petitioners : Mr.Soundhariya Meenakshi For R1 & R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R3 : M/s.R.Hemalatha
ORDER
This petition is filed for a direction to the learned Principal District and Sessions Judge/Special Court for SC/ST Cases, Salem, to accept the surrender of the petitioners, in connection with Crime No.182 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. When the matter came up for hearing, the learned counsel appearing for the third respondent would strenuously oppose the prayer by stating that the victim is still in hospital. All these accused are political functionaries and they have made deadly assault on the victim.
3. 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 Court for SC/ST Cases, Salem, to consider 2/4
the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.182 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 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.
4. 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.
5. With the above direction, the Criminal Original Petition stands disposed of.
07.08.2025 nsl D.BHARATHA CHAKRAVARTHY, J.
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nsl To 1.
The Superintentent of Police, Salem District, Salem.
2.
The State Represented by the Inspector of Police, Yercaud Police Station, Salem District.
3.
The Principal District and Sessions Judge/ Special Court for SC/ST Cases, Salem.
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