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Madras High CourtCRL OP/22436/2025ordered

Mohan Kumar @ Mohan Raj v. The State Rep By, The Deputy Superintendent Of Police,

2025-08-11Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Mohan Kumar @ Mohan Raj S/o.Pattabi, Reddimangkuppam Village, Rajakkal Post, Gudiyatham Taluk, Vellore District.

2. SURYA S/o.Chinnadurai, No.77, Rajakkal Kodhandawar Nagar, Gudiyatham Taluk, Vellore District.

Petitioner(s) Vs

1. The State Rep by, The Deputy Superintendent of Police, Gudiyatham, Vellore District.

2.The Inspector of Police, Melpatti Police Station, Vellore District.

Cr.No.72/2025.

3.Vignesh S/o.Egabaram, Pudhumanai, Somalapuram Village, Ambur Village, Vellore District.

Respondent(s)

PRAYER Petition filed under section 528 of BNSS to direct the Honble Special Court for the cases under SC/ST act Vellore to accept the surrender of the petitioner and to consider the bail petition on the same day in Cr.No.72/2025 on the file of the 2nd respondent police.

For Petitioner(s):

Mr.S.Krishnamoorthy For Respondent(s):

Mr.R.Vinodhreja, Government Advocate [Crl.Side] - For R1 And R2

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Special Court Designated under SC/ST Prevention of Atrocity Amendment Act, vellore to accept the surrender of the petitioners and consequently consider the bail petition on merits on the same day in Crime No.72 of 2025 on the file of the second 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Judge, Special Court Designated under SC/ST Prevention of Atrocity Amendment Act,

Vellore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.72 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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. In view of the above, the Criminal Original Petition stands allowed. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc

To

1. The Special Court for the cases under SC/ST Act, Vellore.

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

3.The Inspector of Police, Melpatti Police Station, Vellore District.

Cr.No.72/2025.

N.SATHISH KUMAR J.

CRL OP No. 22436 of 11-08-2025