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2025 Supreme(Online)(Mad) 60878

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Venkatesh – Appellant
Versus
The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District – Respondent
Crl.O.P.No.27689 of 2025



Advocates:
For the Appellants/Petitioners: Mr.K.Balu
For the Respondents: Mr.R.Vinothraja, GA (Crl. Side)

The court emphasized the necessity for timely consideration of bail applications under the SC/ST Atrocities Act to prevent miscarriage of justice.

Headnote:The petition seeks a direction under Section 528 of the BNSS to direct the Special Court under the SC & ST Atrocities Act to accept the surrender of the petitioner and consider the bail petition on the same day. The Court found that the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 needs consideration in order to prevent misuse. The Court ultimately directed that the bail application be considered after allowing the surrender in accordance with the law.

Result: The Criminal Original Petition stands allowed.

Table of Content
1. court directed timely processing of bail applications. (Para 1 , 2)

O R D E R This Criminal Original Petition has been filed seeking for a direction to the learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Dharmapuri, Dharmapuri District to accept the surrender of the petitioner herein concerned in Crime No.406 of 2025, on the file of the Inspector of Police, Harur Police Station, Dharmapuri District and consider the bail petition on the same day itself.

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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Dharmapuri, Dharmapuri District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.406 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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. In view of the above, the Criminal Original Petition stands allowed.

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