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2025 Supreme(Online)(Mad) 65375

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
T.Sumathi – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl.O.P.No.30521 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Deepan Uday
For the Respondents: Mr.R.Vinothraja

The court held that the bail application must be considered promptly, ensuring fair opportunity to the victim under the SC/ST Act.

Headnote:The court considered the provisions of Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, and recognized the need to protect innocent persons from misuse of the law. The petitioner sought a direction for timely consideration of her bail application. The court found merit in this request and directed the lower court to act accordingly. The critical question was whether the bail application could be expedited given the circumstances surrounding the case. The court emphasized the importance of affording a fair opportunity to the victim as mandated by Section 15-A of the SC/ST Act. The final outcome is that the Criminal Original Petition stands allowed.

Table of Content
1. bail application consideration promptness. (Para 1)
2. protection against misuse in sc/st cases. (Para 2)
3. court ruling on the bail application. (Para 3)

for R1 & R2 O R D E R This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Court, (Special Judge), SC/ST Act cases, Erode District, to consider the bail application of the petitioner in Crime No.137 of 2025 on the file of the 2nd respondent police on the same day of her surrender.

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 Court, Special Judge for SC/ST Act cases, Erode District, to consider the petitioner's bail application, on the same day of her surrender, in connection with Crime No.137 of 2025 on the file of the

2nd 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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