Madhan Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 1.

Madhan Kumar 2.

Manjunathan 3.

T.M.Suresh ... Petitioners Vs.

1.

The Superintendent of Police, Thiruvannamalai District, Tiruvannamalai.

2.

The State Rep. by, The Inspector of Police, Moranam Police Station, Tiruvannamalai District.

Crime No.120/2025.

3.

Nanthini ... Respondents Prayer: Petition filed under Section 528 of B.N.S.S., to direct the Special Court Judge for SC/ST Court at Thiruvannamalai to accept surrender and consider the bail application of the petitioners on the same day in Crime No.120/2025 on the file of second respondent. For Petitioners : Mr.K.Thenrajan For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/4

ORDER

This petition is filed for a direction to the Special Judge for SC/ST Court at Thiruvannamalai, to accept the surrender of the petitioners, in connection with Crime No.120 of 2025 on the file of the 2nd respondent - Police, and consider the bail petition filed by the petitioners 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 for SC/ST Court at Thiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.120 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 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.

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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 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.

06.08.2025 nsl To 1.

The Superintendent of Police, Thiruvannamalai District, Tiruvannamalai.

2.

The State Rep. by, The Inspector of Police, Moranam Police Station, Tiruvannamalai District.

Crime No.120/2025.

3.

The Special Court Judge for SC/ST Court, Thiruvannamalai.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 06.08.2025 4/4