Madras High CourtCRL OP/26369/2025ordered

Kathirvel v. The State Rep By Its

2025-09-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Kathirvel

2. Sumathi Petitioner(s) Vs

1. THE STATE REP BY its The Deputy Superintendent of Police, Vazhapadi, Salem District.

2.The State rep by its The Inspector of Police, Vazhapadi Police Station, Salem District.

Cr. No.363 of 2025 3.Anusuya Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to direct the learned District Sessions Judge, (Special Court for SC/ST cases) Salem to consider petitioner's bail application on the same day of their surrender in connection with a case in Cr.No.363/2025 on the file of 2nd respondent. For Petitioner(s):

Mr.M.Subash For Respondent(s):

Mr.R.Vinothraja Govt. Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned District Sessions Judge, (Special Court for SC/ST cases) Salem to consider and dispose of the bail application of the Petitioners on merits in connection with the case in Crime No.363 of 2025 on the file of the second respondent herein on the same date of their surrender.

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 District Sessions Judge, (Special Court for SC/ST cases) Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.363 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. 2/4

3. In view of the above, the Criminal Original Petition stands allowed. 25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd To 1.THE STATE REP BY its The Deputy Superintendent of Police, Vazhapadi, Salem District.

2.The State rep by its The Inspector of Police, Vazhapadi Police Station, Salem District. Cr.

No.363 of 2025 3.The Public Prosecutor High Court, Madras 3/4

N.SATHISH KUMAR J.

ssd CRL OP No. 26369 of 25-09-2025 4/4