M.Muralidharan v. The Asst Commissioner Police

O R D E R This Criminal Original Petition has been filed by the petitioner to direct the learned Principal District and Sessions Judge at Chennai District to consider the bail application of the petitioner on the same day of his surrender in Crime No.165 of 2025 dated 03.06.2025 pending on the file of second respondent police.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

¶3It is to be noted that as per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), there is a bar to file a petition under Section 438 Cr.P.C./483 of B.N.S.S. 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 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 of B.N.S.S. should not be invoked automatically and the jurisdiction under Section 482 Cr.P.C./528 of B.N.S.S. should be exercised sparingly. When there is a 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 petitioner's application is directed to be considered on the same day without giving notice to the victim, the purpose of Sections 18 and 15A(3)(5) of SC/ST Act would be defeated and the same would curtail the statutory right of the victim.

¶4Under such circumstances, this Court is not inclined to invoke Section 482 Cr.P.C./528 of B.N.S.S., which would amount to ignoring the provisions of the Special Act. Therefore, this petition shall stand dismissed.

¶5However, the petitioner is at liberty to workout his remedy before the Special Court in the manner known to law and the learned Special Judge/Magistrate 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.

17.06.2025 (1/2) Index : Yes/No Speaking Order : Yes/No ksa-2 To

¶1The Principal District and Sessions Judge Chennai District

¶2The Asst. Commissioner of Police Assistant Commissioner Office C-1, Flower Bazaar Police Station Chennai - 600 001

¶3The Inspector of Police C-1, Flower Bazaar Police Station Chennai - 600 001

¶4The Public Prosecutor, High Court, Madras. P.VELMURUGAN, J ksa-2

17.06.2025 (1/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.06.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Muralidharan ... Petitioner Vs. 1. The Asst. Commissioner of Police Assistant Commissioner Office C-1, Flower Bazaar Police Station Chennai - 600 001 2. State Represented by its The Inspector of Police C-1, Flower Bazaar Police Station Chennai - 600 001 ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge at Chennai District to consider the bail application of the petitioner on the same day of his surrender in Crime No.165 of 2025 dated 03.06.2025 pending on the file of second respondent police. For Petitioner : Mr.J.Anand For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)