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Madras High CourtCRL OP/13848/2025allowed

Dhanasekaran v. The State Rep By, The Deputy Superintendent Of Police

2025-04-30Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Dhanasekar

2. Elumalai P

3. Murugan M ... Petitioners Vs

1. The State Rep by its, The Deputy Superintendent of Police, Thiruvannamalai District.

2. The Inspector of Police, Kilkodungal Police Station, Kilkodungal, Thiruvannamalai District.

(Crime No.66 of 2025)

3. Varadhan ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., directing the Principal Sessions Cum District Judge (Special Court for Exclusive Trial under SC/ST Act) at Thiruvannamalai District and to consider the petitioners' bail application on the same day of their surrender in Crime No.66 of 2025.

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For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1 & R2)

O R D E R

This petition is filed for a direction to the Principal Sessions Cum District Judge (Special Court for Exclusive Trial under SC/ST Act) at Thiruvannamalai District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.66 of 2025, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal Sessions Cum District Judge (Special Court for Exclusive Trial under SC/ST Act) at Thiruvannamalai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 66 of 2025 and pass appropriate orders in accordance with 2/5

law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

4. With the above direction, the Criminal Original Petition stands disposed of.

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To

1. Principal Sessions Cum District Judge (Special Court for Exclusive Trial under SC/ST Act), Thiruvannamalai District.

2. The Deputy Superintendent of Police, Thiruvannamalai District.

3. The Inspector of Police, Kilkodungal Police Station, Kilkodungal, Thiruvannamalai District.

4. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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