Madras High CourtCRL OP/22622/2024disposed of

Loganathan v. Deputy Superintendent Of Police

2024-09-18Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2024

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Loganathan ... Petitioner Vs.

1.Deputy Superintendent of Police, Gudiyatham, Vellore District.

2.Inspector of Police, K.V.Kuppam Police Station, Vellore District.

3.Naveen Kumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023 to pass appropriate direction directing the Hon'ble Principal Sessions Judge, Vellore to consider the bail application of the petitioner in connection to the case in crime no. 217 of 2024 on the file of the 2nd respondent on the dated of his surrender and pass order on the same day. For Petitioner :

M/s.Charles Kamalesh M.Apppaji For Respondents :

Mr.S.Udaya Kumar, Govt. Advocate(Crl. Side) Page No.1/4

O R D E R

This Criminal Original Petition has been filed to direct the Principal Sessions Judge, Vellore to consider the bail application on the same day of surrender of the petitioner concerned in Crime No.217 of 2024 on the file of the 2nd respondent police.

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 facts of the case, there shall be a direction to the learned Principal Sessions Judge, Vellore to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.217 of 2024 registered for the offence under Section 324(4) of BNS and Sections 3(1)(r), 3(1)(s) if SC & ST (Prevention of Atrocities) Act, 1989 and Section 3(1) of Prevention of Damage to Public Property Act, 1904 on the file of the 2nd respondent police and pass appropriate orders in accordance with law. 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 pass orders.

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3. 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, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

4. In view of the above, the Criminal Original Petition stands disposed of.

18.09.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order (shr) To 1.The Principal Sessions Judge, Vellore.

2. .Deputy Superintendent of Police, Gudiyatham, Vellore District.

3.Inspector of Police, K.V.Kuppam Police Station, Vellore District.

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M.NIRMAL KUMAR, J., (shr) 18.09.2024 Page No.4/4