Selvakumar v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Selvakumar ... Petitioner Vs.
1.
The Deputy Superintendent of Police, Cuddalore, Cuddalore District.
2.
The State by, The Inspector of Police, Kumaratchi Police Station, Cuddalore District, Crime No.81 of 2025.
3.
Mukesh ... Respondents Prayer: Petition filed under Section 528 of B.N.S.S.2023, to direct the Learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Cuddalore, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime No.81 of 2025, on the file of Inspector of Police, Kumaratchi Police Station, Cuddalore District. For Petitioner : Mr.K.Balu For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
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This petition is filed for a direction to the learned Principal District and Sessions Judge, (Special Court under SC & ST Prevention of Atrocities Act), 1989 at Cuddalore, Cuddalore District, to accept the surrender of the petitioner, in connection with Crime No.81 of 2025 on the file of the 2nd respondent - Police, and consider the bail petition filed by the petitioner 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 Court under SC & ST Prevention of Atrocities Act,1989) at Cuddalore, Cuddalore District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.81 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15A of the SC/ST (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. 2/4
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 petitioner 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.
06.08.2025 nsl To 1.
The Deputy Superintendent of Police, Cuddalore, Cuddalore District.
2.
The State by, The Inspector of Police, Kumaratchi Police Station, Cuddalore District, Crime No.81 of 2025.
3.
The Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act), Cuddalore, Cuddalore District.
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D.BHARATHA CHAKRAVARTHY, J.
nsl 06.08.2025 4/4