Selvaraj v. State Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.08.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Selvaraj 2.Prakash 3.Ganesan 4.Sarasu .. Petitioners
Versus
1. State: Deputy Superintendent of Police Krishnagiri Krishnagiri District.
(Crime No.153 of 2019 of Gurubarappalli Police Station) 2.The State Rep.by its Inspector of Police Gurubarappalli Police Station, Tharangampadi Taluk Krishnagiri District.
(Crime No.153 of 2019) .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Principal District & Sessions Judge, Krishnagiri, to consider the bail application to be filed by the petitioners in S.C.No.84 of 2025 on the file of the learned Principal District and Sessions Judge, Krishnagiri, in Crime No.153 of Page No. 1 of 6
2019 on the file of the Inspector of Police, Gurubarappalli Police Station, Krishnagiri District on the same day on merits of their surrender and pass such further or other orders.
For Petitioners : Mr.M.R.Kuyilan For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side) for RR1 & 2
ORDER
This petition is filed for a direction to the learned Principal District & Sessions Judge, Krishnagiri, to consider the bail application to be filed by the petitioners in S.C.No.84 of 2025 on the file of the learned Principal District and Sessions Judge, Krishnagiri, in Crime No.153 of 2019 on the file of the Inspector of Police, Gurubarappalli Police Station, Krishnagiri District on the same day of their surrender and 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 Page No. 2 of 6
District and Sessions Judge, Krishnagiri, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.153 of 2019 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 favorably.
4. With the above direction, the Criminal Original Petition stands disposed of.
08.08.2025 : yes/no Jer Page No. 3 of 6
D.BHARATHA CHAKRAVARTHY, J.
Jer To 1.The Principal District & Sessions Judge, Krishnagiri 2.The Deputy Superintendent of Police Krishnagiri Krishnagiri District.
3.The Inspector of Police Gurubarappalli Police Station, Tharangampadi Taluk Krishnagiri District.
4. The Public Prosecutor, High Court of Madras.
08.08.2025 Page No. 4 of 6
Crl.O.P.No. 22323 of 2025 D.BHARATHA CHAKRAVARTHY,J.
This matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.
2. When the matter was taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court that there is an typographical error in the name of the petitioner's counsel in appearance portion.
3. Accordingly, in the appearance portion, the name of the petitioner's counsel was wrongly typed as Mr.M.R.Kuyilan and the same shall be replaced with "Mr.M.P.Saravanan ".
4. The Registry is directed to carry out the said correction and upload the corrected order copy.
13.08.2025 nsl Page No. 5 of 6
D.BHARATHA CHAKRAVARTHY.J., nsl Crl.O.P.No. 22323 of 2025 13.08.2025 Page No. 6 of 6