CRL OP No. 17447 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-06-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL OP No. 17447 of 2025 1. Rajendran S/o.Velayudha Udaiyar, Meenakunta _ Anaikkal Village, Kunnam Taluk, Perambalur District. 2. A.K.Balusamy S/o.Krishnasamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 3. Mohan S/o.Pitchaipillai, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 4. Devendhiran S/o.Periyasamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 5. Selvam S/o.Selvapillai, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 1/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 6. Veeramani S/o.Annamalai, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 7. Ravi S/o.Muthuveeran, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 8. Kumar S/o.Muthuveeran, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 9. Saravanan S/o.Balusamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 10. Selvaraj Alias Karuppannan S/o.Balusamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 11. Silambarasan S/o.Pitchaipillai, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 12. Sivakumar S/o.Pitchaipillai, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 2/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 13. Ajith S/o.Muthusamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 14. Sukumar S/o.Periyasamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 15. Sakthivel S/o.Muthusamy, Meenakunta - Anaikkal Village, Kunnam Taluk, Perambalur District. 16. Murugan S/o.Kannusamy, Meenakfunt - Anaikkal Village, Aathichudi Grama Panchayat, Kunnam Taluk, Perambalur District. Petitioner(s) Vs 1. The Deputy Superintendent of Police, Perambalur District. 2.The Inspector of Police, Mangalamedu Police Station, Perambalur District. Crime No.208 of 2025 3.Tamilvendhan S/o.Tamilselvan, North Street, Aykudi Village, Kunnam Taluk, Perambalur District. 3/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, 2023, seeking direction, directing the Special Court for PCR Cases (Principal Sessions Judge, Perambalur) under SC/ST Act to accept the surrender and consider the petitioners' bail application sympathetically and pass orders on merits on the same day of their surrender in connection with Crime No.208 of 2025 dated 31.05.2025 pending on the file of the 2nd Respondent police For Petitioner(s): E.C.Ramesh For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl.Side) For R1 And R2 ORDER This Criminal Original Petition has been filed by the petitioners seeking direction, directing the Special Court for PCR Cases (Principal Sessions Judge, Perambalur) under SC/ST Act to accept the surrender and consider the petitioners' bail application sympathetically and pass orders on merits on the same day of their surrender in connection with Crime No.208 of 2025 dated 31.05.2025 pending on the file of the 2nd Respondent police. 4/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 2. Heard both sides also perused the materials available on record. 3. Since no adverse order is being passed as against the third respondent, notice to the third respondent is dispensed with. 4. It 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 the 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 petitioners' applications are 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. 5/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 5. Under 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. 6. However, 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. 18-06-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 6/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 To 1. The Special Court for PCR Cases (Principal Sessions Judge, Perambalur) under SC/ST Act 2.The Deputy Superintendent of Police, Perambalur District. 3.The Inspector of Police, Mangalamedu Police Station, Perambalur District. Crime No.208 of 2025 4. The Public Prosecutor, High Court, Chennai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP No. 17447 of 2025 P.VELMURUGAN J. mfa CRL OP No. 17447 of 2025 18-06-2025 8/8 https://www.mhc.tn.gov.in/judis