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2025 Supreme(Online)(MAD) 949

HIGH COURT OF MADRAS
M. Nirmal Kumar, J
A. Raja – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.O.P.(MD)No.536 of 2025



Advocates:
For the Appellants/Petitioners: Mr. R. Manoharan
For the Respondents: Mr. K. Sanjai Gandhi, Mr. V. Selvakumar

The court reinforces the need for careful judicial consideration in bail applications under SC/ST Atrocities Act, emphasizing victims' rights.

Headnote:The Criminal Original Petition filed under Section 528 of BNSS seeks a directive for the 1st Additional District Court at Tiruchirappalli to consider the petitioners' bail application upon surrender in Crime No. 204 of 2024. The Court cited Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, highlighting concerns over potential misuse, thus mandating a review of the bail application on its own merits. The petitioners must surrender within 15 days for appropriate consideration and due opportunity to the victim under Section 15-A of the SC/ST Act. The petition stands allowed with directions regarding the handling of bail applications.

Table of Content
1. petition for bail application consideration. (Para 1 , 2)
2. court's direction regarding bail application assessment. (Para 3 , 4)
3. final verdict to allow the petition. (Para 5)

ORDER

This Criminal Original Petition has been filed to direct the 1st Additional District Court at Tiruchirappalli to consider the petitioners bail application and dispose the bail application on the same day in Crime No.

204 of 2024 on the file of the R2.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent and perused the materials available on record.

3. 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 1st Additional District Court at Tiruchirappalli to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.204 of 2024 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15-A 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.

4. 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, objection raised by the 3rd respondent and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

5. With the above direction, this Criminal Original Petition stands allowed.

10.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Note: Issue order copy on 20.01.2025 PNM To

1.The 1st Additional District Court at Tiruchirappalli

2. The Deputy Superintendent of Police, Kallagudi Police Station, Lalgudi Taluk, Tiruchirappalli District..

3. The Inspector of Police, Kallagudi Police Station, Lalgudi Taluk, Tiruchirappalli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.NIRMAL KUMAR,J.

PNM ORDER IN Crl.O.P.(MD)No.536 of 2025

10.01.2025

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