Petitioners sought a direction that their bail applications in an SC/ST Act case be considered on the day of surrender. The Court held Section 18 bars anticipatory bail and Section 15A mandates notice to the victim, refused to invoke its inherent jurisdiction, and dismissed the petition.
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Crl.O.P.No.30094 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.O.P.No.30094 of 2024
1. Suresh
2. Murugan
3. Arulselvam
4. Balamurugan
5. Dhanraj
6. Surendar @ Senthilkumar ... Petitioners
Vs.
1. State Rep. by
2. The Inspector of Police, Salavakkam Police Station, Kanchipuram District, Crime No.212 of 2024.
3. Gopalakrishnan ... Respondents
Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge under SC and ST (POA) Act, Kanchipuram to consider the bail application of the petitioners at the time of their surrender on the same day itself in connection with Crime No.212 of 2024 on the file of the second respondent.
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Crl.O.P.No.30094 of 2024
For Petitioners : Mr.A.Saranraj
For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 and R2
O R D E R
This Criminal Original Petition is filed to direct the learned
Principal District and Sessions Judge under SC and ST (POA) Act, Kanchipuram, to consider the bail application of the petitioners herein on the same day of their surrender pertaining to Crime No.212 of 2024 on the file of the second respondent police.
2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for respondents 1 and 2 and perused the materials available on record.
3. It is to be noted that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “SC/ST Act”), is bar to file a petition under Section 438 Cr.P.C./482 BNSS. Therefore Anticipatory Bail is not maintainable for the offence under the SC/ST Act. Further Section 15A under Chapter IV-A was introduced by Act 1 of 2016 w.e.f. 26.01.2016, as per which, notice has to be sent to the
Crl.O.P.No.30094 of 2024
victim, in respect of any proceedings and without giving notice, no proceedings shall be proceeded further. Further, the inherent power under Section 482 Cr.P.C.,/528 BNSS should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C., /528 BNSS should be exercised sparingly. When there is specific bar under the Special Act, this Court cannot ignore the intention of the Legislators and the purpose of enactment of the Special Act. If the application of the petitioners is directed to be considered on the same day without giving notice to the victim, the purpose of Section 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.
4. Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C.,/528 BNSS which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall stand dismissed. However, the petitioners are at liberty to workout their remedy in the manner known to law and the learned Special Judge is directed to exercise his/her discretionary power after giving notice to the victim. The learned Special Judge/Magistrate is also directed to adhere the statutory provisions of Sections 18 and 15 A (3)(5) of SC/ST Act.
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Crl.O.P.No.30094 of 2024
Index : Yes/No Neutral Citation Case : Yes/No Speaking Order : Yes/No ms
02.12.2024
To
1. The Principal District and Sessions Judge under SC and ST (POA) Act, Kanchipuram.
2. The Deputy Superintendent of Police, Kanchipuram, Kanchipuram.
3. The Inspector of Police, Salavakkam Police Station, Kanchipuram District,
4. The Public Prosecutor, High Court, Madras.
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Crl.O.P.No.30094 of 2024
P.VELMURUGAN, J
ms
Crl.O.P.No.30094 of 2024
02.12.2024
1 issue framed by the court
Whether the High Court should direct the Special Judge to consider bail applications on the day of surrender without notice to the victim under the SC/ST Act.
4 provisions across 3 enactments
Suresh
Murugan
Arulselvam
Balamurugan
Dhanraj
Surendar @ Senthilkumar
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
