A.Narayanan v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR 1.A.Narayanan 2.Rasi Pillai 3.Ramadass ... Petitioners/A1 to A3 Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District, Kallakurichi - 606 202.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kallakurichi District, Kallakurichi - 606 202.
Crime No.347 of 2024.
3.The State of Tamil Nadu rep. by its The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District, Kallakurichi - 606 202.
Crime No.347 of 2024.
... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to direct the learned Principal Sessions Judge, Special Court for SC/ST Act, Kallakurichi District to consider bail application of the petitioners herein on the same day of surrendering in Crime No.347 of 2024 pending on the file of the 1/4
2nd respondent police.
For Petitioners : Mr.D.Babu Varadharajan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge, Special Court for SC/ST Act, Kallakurichi to consider the bail application on the same day of surrender of the petitioners concerned in Crime No.347 of 2024 on the file of second respondent police.
2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST (POA) Act) and also taking into consideration the facts of the case, there shall be a direction to the learned Principal Sessions Judge, Special Court for SC/ST Act, Kallakurichi to consider the petitioners' bail applications on the same day of his surrender in connection with Crime No.347 of 2024 on the file of 3rd respondent police and pass appropriate orders in accordance with law. It is needless to say 2/4
that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders.
3.The petitioners shall surrender before the Special Court for SC/ST Act, Kallakurichi, within a period of fifteen days from the date of receipt of a copy of this order, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act. 4.In view of the above, the Criminal Original Petition stands disposed of.
30.10.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-speaking order rsi 3/4
M. NIRMAL KUMAR , J.
rsi To 1.The Principal Sessions Judge, Special Court for SC/ST Act, Kallakurichi.
2.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District, Kallakurichi - 606 202.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kallakurichi District, Kallakurichi - 606 202.
Crime No.347 of 2024.
4.The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District, Kallakurichi - 606 202.
5.The Public Prosecutor, High Court of Madras, Chennai.
30.10.2024 4/4