Stella v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Stella .. Petitioner

Versus

1. The State by The Assistant Commissioner of Police, Ambattur.

2. The State by The Inspector of Police, All Women Police Station, Ambattur.

(Crime No.33 of 2025)

3. Vaishali .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 directing the Special Court for Exclusive SC/ST Act Cases, Tiruvallur, to accept the surrender of the petitioner herein concerned in Crime No.33 of 2025 on the file of the Inspector of Police, All Women Police Station, 1/6

Ambattur and consider the bail application on the same day itself. For Petitioner : Mr.C.Pushparaj For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side), for RR-1 and 2

ORDER

This Criminal Original Petition is filed for a direction to the Special Court for Exclusive SC/ST Act Cases, Tiruvallur, to accept the surrender of the petitioner herein concerned in Crime No.33 of 2025 on the file of the Inspector of Police, All Women Police Station, Ambattur and consider the bail application on the same day itself.

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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for Exclusive SC/ST Act Cases, Tiruvallur, to consider the 2/6

petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.33 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. 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.

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 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.

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: no grs To

1. The Special Court for Exclusive SC/ST Act Cases, Tiruvallur.

2. The Assistant Commissioner of Police, Ambattur.

3. The Inspector of Police, All Women Police Station, Ambattur.

4. The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY, J.

grs 5/6

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