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Madras High CourtCRL OP/25157/2025ordered

M.Govindarajan v. The Deputy Superintendent Of Police

2025-09-15Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. M.Govindarajan S/o. Manickam, No.11/1361, Vellapatti, Mallikundam Post, Mettur Taluk, Salem District. and 2 Others

2. G. Chandrasekar S/o. Govindarajan, No.2/1361, Vellapatti, Mallikundam Post, Mettur Taluk, Salem District.

3. Sankar @ Sankar Ganesh S/o. Marimuthu, No.4, Thipparathampatti, Mallikundam Post, Mettur Taluk, Salem District.

Petitioner(s) Vs

1. The Deputy Superintendent of Police Salem District. Crime No.455 of 2025.

2.Inspector of Police Mecheri Police Station, Crime No.455 of 2025.

3.K. Anbalagan S/o. Kandasamy, Jeeva Nagar,

Mallikundam Post, Mettur Taluk, Salem District.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to direct the learned Special Court for Sc and ST Act cases/Principal Sessions Court, Salem to consider the Bail petition of the Petitioners, on their surrender, on the same day, and on merits in connection with the case in Crime No.455 of 2025 pending investigation on the file of the 2nd respondent police. For Petitioner(s):

Mr.R.Nalliyappan For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side] - R1 & R2

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Sc and ST Act cases/Principal Sessions Court, Salem to consider the Bail petition of the Petitioners, on their surrender, on the same day, and on merits in connection with the case in Crime No.455 of 2025 pending investigation on the file of the second respondent.

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 Court for SC/ST Act Cases, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.455 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. 15-09-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The Special Court for SC/ST Act Cases, Salem.

2.The Deputy Superintendent of Police Salem District. Crime No.455 of 2025.

3.Inspector of Police Mecheri Police Station, Crime No.455 of 2025.

N.SATHISH KUMAR J.

vrc 15-09-2025