M.Venkatesh v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 1.

M.Venkatesh 2.

K.Jayapal @ K.Jayapala ... Petitioners Vs.

1.

The Deputy Superintendent of Police, Krishnagiri District.

2.

The State rep. by The Inspector of Police, Bagalur Police Station, Krishnagiri District.

Crime No.245 of 2025.

... Respondents Prayer: Petition filed under Section 528 of B.N.S.S.Act, 2023., to direct the learned Principal District and Sessions Judge, Krishnagiri, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.245 of 2025 on the file of the second respondent police.

For Petitioners : Mr.C.S.Saravanan For R1 & R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This petition is filed for a direction to the learned Principal District and Sessions Judge, Krishnagiri, to accept the surrender of the petitioners, in connection with Crime No.245 of 2025 on the file of the 2nd respondent - 1/4

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, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.245 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 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.

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4. With the above direction, the Criminal Original Petition stands disposed of.

08.08.2025 nsl To 1.

The Deputy Superintendent of Police, Krishnagiri District.

2.

The Inspector of Police, Bagalur Police Station, Krishnagiri District.

3.

The Principal District and Sessions Judge, Krishnagiri. D.BHARATHA CHAKRAVARTHY, J.

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