Subash v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

1. Subash

2. Veeramani

3. Raaku @ Murugan

4. Veerappan @ V.Parthiban ... Petitioners Vs.

1. The State Rep.by Deputy Superintendent of Police, Villupuram, Villupuram District.

2. The State Rep.by Inspector of Police, Thirunavalur Police Station, Kallakurichi District, Crime No.487 of 2024.

3. A.Gopinath ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge/ Special Court for SC/ST Cases, Villupuram to consider the bail application of the petitioners herein on the same day of his surrender pertaining to Crime No.487 of 2024 on the file of the Thirunavalur Police Station, Kallakurichi District by appreciating the above stated facts and circumstances.

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For Petitioners : Ms.M.Rohini For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 and R2

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Villupuram to consider the bail application of the petitioners herein on the same day of their surrender pertaining to Crime No.487 of 2024 on the file of the Thirunavalur Police Station, Kallakurichi District.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents and also perused the materials available on record.

3. It is to be noted that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), is bar to file a petition under Section 438 Cr.P.C. Therefore Anticipatory Bail is not maintainable for the offence under the SC/ST 2/5

Act. Further Section 15A under Chapter IV-A was introduced by Act 1 of 2016 w.e.f. 26.01.2016, as per which, notice has to be sent to the victim, in respect of any proceedings and without giving notice, no proceedings shall be proceeded further. Further, the enormous power under Section 482 Cr.P.C. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C. should be exercised sparingly. When there is specific bar under the Special Act, this Court cannot ignore the intention of the Legislators and the purpose of enactment of the Special Act. If the petitioners application is directed to be considered on the same day without giving notice to the victim, the purpose of Section 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.

4. Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C., which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall stand dismissed. However, the petitioners are at liberty to workout their remedy in the manner known to law and the learned Special Judge is directed to exercise his/her discretionary power after giving notice to the victim. The 3/5

learned Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act. 06.11.2024 Index : Yes/No Speaking Order : Yes/No ms To

1. The Principal District and Sessions Judge, Special Court for SC/ST Cases, Villupuram

2. The Deputy Superintendent of Police, Villupuram, Villupuram District.

3. The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 06.11.2024 5/5