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2025 Supreme(Online)(Mad) 65373

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
Santhosh – Appellant
Versus
The Deputy Superintendent of Police, Gudiyatham Range, Vellore District – Respondent
Crl.O.P.No.30512 of 2025



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

Immediate consideration of bail petitions upon surrender for cases under SC/ST Act emphasizing protection against misuse.

Headnote:This judgment addresses the provisions under Section 528 of Bharatiya Nagarik Suraksha Sanhita and Section 482 Cr.P.C., regarding the procedure for bail petitions. The petitioner seeks immediate consideration of a bail petition upon surrender related to Crime No.136 of 2025. The court finds merit in the petition, highlighting the relevant Section 18 of the SC/ST Act, 1989, which necessitates safeguards against misuse. The court directs the consideration of the petitioner's bail application promptly upon his surrender, reiterating the need for affording opportunity to the victim as articulated in Section 15-A of the SC/ST Act, 1989. The court concludes that the Criminal Original Petition stands allowed.

Table of Content
1. immediate bail consideration upon surrender (Para 1 , 2)
2. petition allowed (Para 3)

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.30512 of 2025 Santhosh, M/A 21 years, S/oVenkatesh ... Petitioner Vs.

1. The Deputy Superintendent of Police, Gudiyatham Range, Vellore District. 2. State Rep. by :

The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.136 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 Special Court, Exclusive Trial of POCSO Act Cases, Vellore, to consider the petitioner's bail petition on the same day of his surrender before the said Court in connection with Crime No.136 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Thirugnanam 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 (POA) Act, Vellore, to consider the petitioner's bail petition on the same day of his surrender before the said Court in connection with Crime No.136 of 2025 on the file of the 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, Vellore, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.136 of 2025 on the file of the 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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