Barath v. State Rep.By Its, Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR 1.

Barath 2.

Elumalai 3.

Kanagavalli ... Petitioners Vs.

1.

State represented by, The Superintendent of Police, Puducherry.

2.

State represented by, The Station House Officer, PCR Police Station, Puducherry.

3.

P.Kowsalya ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C/528 of BNSS, to direct the learned II Additional Sessions Judge, Puducherry, to accept the surrender of the petitioners and consider their bail application on the same day of their surrender in Crime No.3 of 2025 pending on the file of the respondent Police. 1/4

For Petitioners : Mr.S.Dhilipan For R1 & R2 : Mr.K.S.Mohandass Public Prosecutor (Puducherry)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned II Additional Sessions Judge, Puducherry, to accept the surrender of the petitioners and consequently, consider their bail petition in connection with Crime No.3 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 II Additional Sessions Judge, Puducherry, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.3 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 Jurisdictional Court 2/4

concerned, 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.

22.09.2025 ham To

1. The II Additional Sessions Judge, Puducherry. 2.

The Superintendent of Police, Puducherry.

3.

The Station House Officer, PCR Police Station, Puducherry.

4. The Public Prosecutor (Puducherry), High Court of Madras.

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N. SATHISH KUMAR , J.

ham 22.09.2025 4/4