Mohan Kumar @ Mohan Raj v. The State Rep By, the Deputy Superintendent of Police,

O R D E R This Criminal Original Petition has been filed to direct the Special Court for the cases under Sc/ST Act Vellore to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.72 of 2025 on the file of the 2nd Respondent Police.

¶2Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent and 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 petitioners are at liberty to workout their 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.

20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

¶1The Special Court for the cases under SC/ST Act Vellore.

¶2The Deputy Superintendent of Police, Gudiyatham, Velore District.

¶3The Inspector of Police, Melpatti Police Station, Vellore District.

¶4The Public Prosecutor High Court, Chennai. P.VELMURUGAN, J mfa Crl.O.P.No.17721 of 2025

20.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.06.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17721 of 2025 1. Mohan Kumar @ Mohan Raj 2. Surya ... Petitioners Vs State Rep. By 1. The Deputy Superintendent of Police, Gudiyatham, Velore District. 2. The Inspector of Police, Melpatti Police Station, Vellore District. 3. Vignesh ... Respondents PRAYER:Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the Special Court for the cases under SC/ST Act Vellore to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.72 of 2025 on the file of the 2nd Respondent Police. For Petitioners : Mr.C.Deepak Kumar For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)