Lokesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.Lokesh 2.Bharath ... Petitioners Vs.

1.The State Rep. by The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thiruthani, Tiruvallur District.

2.The State Rep. by Inspector of Police, Thiruvalangadu Police Station, Tiruvallur District.

3.Mano ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, to direct the learned Principal District and Sessions Judge, Tiruvallur to accept the surrender of the petitioners and to consider the petitioners' bail application and grant bail on the date of surrender itself in Crime No.592 of 2024, pending investigation on the ile of the second respondent. For Petitioners : Mr.P.Thinesh For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 and R2 1/5

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District Sessions Judge, Tiruvallur to accept the bail application of the petitioners on the same day of their surrender pertaining to Crime No.592 of 2024 on the file of the second respondent-Police.

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 as per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), there is a bar to file a petition under Section 482 Cr.P.C./528 of B.N.S.S. Therefore, Anticipatory Bail is not maintainable for the offence under the SC/ST 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 inherent power under Section 482 Cr.P.C./528 of B.N.S.S. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C./528 of B.N.S.S. should be exercised sparingly. When there is a specific bar under the Special Act, this Court 2/5

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 Sections 18 and 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./528 of B.N.S.S., 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/Magistrate is directed to exercise his/her discretionary power after giving notice to the victim. The learned Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act. 12.12.2024 Index : Yes/No Speaking Order : Yes/No r n s 3/5

To 1.The Deputy Superintendent of Police, Thiruthani, Tiruvallur District.

2.The Inspector of Police, Thiruvalangadu Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J r n s 12.12.2024 5/5