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2025 Supreme(Online)(Mad) 65294

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
R.Ponnusamy – Appellant
Versus
The Deputy Superintendent of Police, Sathyamangalam Sub Division, Erode district. – Respondent
Crl.O.P.No.30689 of 2025



Advocates:
For the Appellants/Petitioners: Mr.MA.P.Thangavel
For the Respondents:Mr.R.Vinothraja Government Advocate (Criminal Side)

The judgment emphasizes the necessity of timely bail consideration under the SC/ST Act, balancing victims' rights with safeguarding innocent individuals.

Headnote:The court analyzed the provisions of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, focusing on the goal of preventing misuse against innocent individuals. The facts show that the petitioners sought expedited consideration of a bail application upon surrender related to Crime No.324 of 2025. The court found that, in light of the specific statutory provisions, it was appropriate to direct the Principal District and Sessions Judge to consider the bail application promptly, ensuring that the victim's rights were also respected. The key issue highlighted was the statutorily mandated process for evaluating bail in sensitive matters, which underscores the court’s intent to balance rights and the judicial process.

Result: "The Criminal Original Petition stands allowed."

Table of Content
1. seeking expedited bail consideration due to statutory provisions. (Para 1)
2. directive for timely court action respecting victims' rights. (Para 2)

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.30689 of 2025

1. R.Ponnusamy S/o Ramasamy

2. S.Ramasamy, S/o Subramani 3. S.Sivasamy, S/o Subramaniyam ... Petitioners Vs.

1. The Deputy Superintendent of Police, Sathyamangalam Sub Division, Erode district.

2. The Inspector of Police, Puliampatti Police Station, Erode District. 3. Chinnasamy, S/o Karuppasamy (Crime No.324 of 2025) ..Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Principal District and Sessions Judge/Special Courts for SC/ST Cases, Erode to consider the bail application of the petitioner herein on the very same day of surrender pertaining to the Crime No.324 of 2025 on the file of Puliampatti Police Station, Erode District by appreciating the above stated facts and circumstances.

For Petitioners : Mr.MA.P.Thangavel For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

for R1 & R2 O R D E R This Criminal Original Petition has been filed seeking to direct the Principal District and Sessions Judge/Special Courts for SC/ST Cases, Erode to consider the bail application of the petitioners herein on the very same day of their surrender pertaining to the Crime No.324 of 2025 on the file of Puliampatti Police Station, Erode District.

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 Principal District and Sessions Judge/Special Courts for SC/ST Cases, Erode, to consider the petitioners' bail application, preferably on the same day of their surrender, in connection with Crime No.324 of 2025 on the file of the second respondent Police and to pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act, 1989. The petitioners shall surrender before the 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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