Madras High CourtCRL OP/18603/2025disposed of

Pulli Alias Palanivel v. State Rep. By Its

2025-06-26Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Pulli @ Palanivel .. Petitioner

Versus

The State, Represented by,

1. The Deputy Superintendent of Police, Namakkal Namakkal District.

2. State rep.by its The Inspector of Police, Puduchattram Police Station, Namakkal District.

Crime No.170 of 2025.

3. Balu .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Court for Trial of Cases under SC/ST (POA) Act Cases, Namakkal District, to consider the bail application filed by the petitioner on his surrender in connection with Crime No.170 of 2025 on the file of the 2nd respondent police on the same day.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side) for RR1 & 2

ORDER

This petition is filed for a direction to the learned Special Judge, Special Court for Trial of Cases under SC/ST (POA) Act Cases, Namakkal District, to accept the surrender of the petitioner, in connection with Crime No.170 of 2025 on the file of the 2nd respondent - Police, and consider the bail petition filed by the petitioner on the same day in accordance with law.

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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge, Special Court for Trial of Cases under SC/ST (POA) Act Cases, Namakkal District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.170 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under

Section 15A of the SC/ST Act. The petitioner 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 petitioner and shall 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.

26.06.2025 : yes/no Jer D.BHARATHA CHAKRAVARTHY, J.

Jer To

1. The Special Judge, Special Court for Trial of Cases under SC/ST (POA) Act Cases, Namakkal District,

2. The Deputy Superintendent of Police, Namakkal Namakkal District.

3. The Inspector of Police, Puduchattram Police Station, Namakkal District.

4. The Public Prosecutor, High Court of Madras.

26.06.2025