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2024 Supreme(Online)(MAD) 22988

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice L. VICTORIA GOWRI
Selvaraj – Appellant
Versus
The Deputy Superintendent of – Respondent



The statutory bar against bail under the SC/ST Act necessitates careful judicial consideration while safeguarding victim rights.

Headnote:

Bail - SC/ST Act - Section 18, Section 15(a) - The court directed the Special Judge for SC/ST Cases to consider the bail application of the petitioner after surrender, emphasizing the statutory bar on bail under the SC/ST Act while ensuring the victim's opportunity is preserved.

Fact of the Case:

The petitioner sought direction for the Special Judge to consider a bail application on the same day of his surrender related to a case under the SC/ST Act.

Issues: Whether the bail application can be considered simultaneously with the surrender under the SC/ST Act provisions.

Ratio Decidendi: The court ruled that while there is a bar on bail under the SC/ST Act, the Special Judge must still consider bail applications with reference to the case's specifics and the law.

Final Decision: The court directed that the bail application must be considered on the day of surrender.

ORDER

This petition has been filed seeking for a direction to the learned Special Judge for SC/ST Cases, Sivagangai to consider the bail application to be filed by the petitioner on the same day of his surrender in Cr.No.190 of 2024 on the file of the 2nd respondent Police.

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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the the learned Special Judge for SC/ST Cases, Sivagangai to consider the petitioner-s bail application, preferably on the same day of his surrender in connection with Crime No.190 of 2024 on the file of the second respondent 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 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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