Court held that bail applications under the SC/ST (POA) Act require careful consideration to prevent misuse of protective laws.

O R D E R

This matter has been listed today under the caption “for being mentioned” at the instance of the learned counsel for the petitioners.

A .D.JAGADISH CHANDIRA, J.

ham

2. This Court, vide order dated 24.10.2025, had allowed the present petition. However, in the order copy, the address of the Inspector of Police has been inadvertently mentioned as Bargur Police Station instead of Barur Police Station. Therefore, the Registry is directed to carry out necessary corrections in the cause title as well as in the “To” address and issue a fresh copy of the corrected order.

3. The time granted for compliance of the order dated 24.10.2025 is extended by a further period of one week from today.

10.11.2025 ham Note : Issue order copy today (10.11.2025).

To

1. The Principal District and Sessions Judge, Krishnagiri.

2. The Deputy Superintendent of Police, Bargur, Krishnagiri District. 3. The Inspector of Police, Barur Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court of Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-10-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 28850 of 2025

1. Lenin S/o.Karlmarks.

2. Rajasekar S/o.Muniyappan.

3. Prasanth S/o.Pachiyappan.

Petitioner(s)

Vs

1. The Deputy Superintendent of Police, Bargur, Krishnagiri District.

2.The Inspector of Police, Bargur Police Station, Krishnagiri District. Cr.No.178/2025.

3.Pattu W/o.Govindasamy.

Respondent(s)

PRAYER:Criminal Original Petition filed under section 528 of BNSS to direct the Principal District cum Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities to accept the surrender of the petitioner in Cr.No.178/2025 on the file of the Inspector of Police, Barur Police Station, Krishnagiri District and consequently consider the petitioners' bail application on the same day of the surrender.

For Petitioner(s): Mr.J. Pradeep For Respondent(s): Mr.R.Vinothraja Government Advocate For R1 and R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District cum Sessions Judge, Krishnagiri, to accept the surrender of the petitioners in Crime No.178 of 2025, on the file of the Inspector of Police, Barur Police Station, Krishnagiri District and consequently consider the bail petition on merits on the same day in Crime No.178 of 2025, on the file of the second 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 learned Principal District cum Sessions Judge, Krishnagiri, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.178 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 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.

3. In view of the above, the Criminal Original Petition stands allowed.