Mohan Kumar v. The State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Mohan Kumar ... Petitioner Vs.

1.

The Deputy Superintendent of Police, Gudiyatham, Vellore District.

2.

State represented by, The Inspector of Police, Melpatti Police Station, Melpatti, Vellore District.

(Crime No.110 of 2025) ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Vellore, to consider the bail application on the same day on his surrender and file a bail application in Crime No.110 of 2025 on the file of the respondent Police.

For Petitioner : Mr.G.Vinodhkumar For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Vellore to accept the surrender of the petitioner and consequently, consider his bail petition in connection with Crime No.110 of 2025 on the file of the second respondent police, on merits on the same day.

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 Session Judge, Special Court for trial of cases under SC/ST (POA) Act, Vellore, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.110 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 petitioner shall surrender before the Jurisdictional Court concerned, within a period of fifteen days from the date of the receipt of a copy of this Order.

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3. In view of the above, the Criminal Original Petition stands allowed.

01.09.2025 ham To

1. The Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Vellore.

2.

The Deputy Superintendent of Police, Gudiyatham, Vellore District.

3.

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

4. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham 01.09.2025 4/4