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2025 Supreme(Online)(Mad) 65372

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
Kalaiselvan – Appellant
Versus
The State – Respondent
Crl.O.P.No.30511 of 2025



Advocates:
For the Appellant: Mr.T.Gokulakrishnan
For the Respondents:Mr.R.Vinothraja, Government Advocate (Criminal Side)

The court emphasized timely consideration of bail applications post-surrender within the framework of the SC/ST Act, 1989’s safeguards against misuse.

Headnote:Section 528 of Bharatiya Nagarik Suraksha Sanhita and Section 482 Cr.P.C govern the petition filed for bail application consideration post surrender in connection to Crime No.347 of 2025. The Court directs the Special Court for SC/ST Act to consider the bail application without delay, reflecting on the potential for misuse under the SC/ST Act. The petitioner's surrender should occur within fifteen days while ensuring victim rights are observed as per Section 15-A of the SC/ST Act, 1989. The Criminal Original Petition stands allowed.

Table of Content
1. petition for bail application consideration post surrender. (Para 1)
2. court directed considerations against misuse under sc/st act. (Para 2)
3. original petition allowed. (Para 3)

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, Nagapattinam, to accept the surrender of the petitioner and consequently, consider the bail petition on the same day, on merits, in connection with Crime No.347 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 Act, Nagapattinam, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.347 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.

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