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2025 Supreme(Online)(Mad) 65370

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
Elavarasan.T. – Appellant
Versus
The Deputy Superintendent of Police, Chengam Police Station, Thiruvannamalai District – Respondent
Crl.O.P.No.30492 of 2025



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

The court permits timely consideration of bail for accused under SC/ST Act, ensuring victim rights and preventing misuse of the law.

Headnote:This judgment addresses the Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C. filed for directing the Special Court for Trial of Cases under SC/ST Act to accept surrender and consider bail application on the same day for Crime No.265 of 2025. The court established the necessity for consideration of the bail application under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, emphasizing timely proceedings while respecting victim rights per Section 15-A of the Act. The court allowed the petitioner's request, directing surrender within fifteen days and appropriate actions by the Special Court.

Table of Content
1. bail petition consideration request based on sc/st act. (Para 1)
2. court's directive for timely bail consideration. (Para 2)
3. petition allowed as per court direction. (Para 3)

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.30492 of 2025 Elavarasan.T., M/A 51, S/o Thirumalai ... Petitioner Vs.

1. The Deputy Superintendent of Police, Chengam Police Station, Thiruvannamalai District - 606 709.

2. The State rep. by its Inspector of Police, Chengam Police Station, Chengam, Tamilnadu - 606 701.

3. R.Selvi, W/o Ramesh ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Special Court for Trial of Cases under SC/ST Act, Tiruvannamalai, to accept the surrender of the petitioner in connection with Crime No.265 of 2025 on the file of the 2nd respondent police on the same day of filing and to consider the bail application filed by the petitioners on the same day of filing in accordance with law.

For Petitioner : Mr.R.Premanandhan 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 a direction to the Special Court for Trial of Cases under SC/ST Act, Tiruvannamalai, to accept the surrender of the petitioner and consequently, consider the bail petition on the same day, on merits, in connection with Crime No.265 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 the Special Court for Trial of Cases under SC/ST (POA) Act, Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.265 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 petitioner 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.

10.11.2025 vsi Neutral Citation:Yes/No To

1. The Deputy Superintendent of Police, Chengam Police Station, Thiruvannamalai District - 606 709.

2. The Inspector of Police, Chengam Police Station, Chengam, Tamilnadu - 606 701.

3.The Public Prosecutor, High Court of Madras.

A .D.JAGADISH CHANDIRA, J.

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