Murugadoss v. State Rep By, Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Murugadoss

...Petitioner

Vs.

1. The State Rep. by Deputy Superintendent of Police Thiruvarur District Thiruvarur

2. The State Rep. by Inspector of Police Haridhuvarmangalam Police Station Thiruvarur (Crime No.121 of 2024)

3. Hariharasudhan

...Respondents

Prayer: Criminal Original Petition is filed under Section 528 of the BNSS, to direct the Additional District and Sessions Court for PCR Act Cases, Thanjavur, to consider the bail application of the petitioner on the same day after his surrender in Crime No.121 of 2024. For Petitioner : Mr.SagileshKumar For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition is filed to direct the Additional District and Sessions Court for PCR Act Cases, Thanjavur, to consider the bail application of the petitioner on the same day after his surrender in Crime No.121 of 2024.

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 facts of the case, there shall be a direction to the Additional District and Sessions Court for PCR Act Cases, Thanjavur, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.121 of 2024. registered for the offence under Sections 296(b), 118(1), 303(2), 351(3) of B.N.S. and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amended Act, 2015 on the file of the 2nd respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedent of the petitioner and pass orders, after affording opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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3. The petitioner 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.

4. With the above directions, this Criminal Original Petition stands allowed.

13.12.2024 Index: Yes/No Speaking Order : Yes/No ksa-2 3/5

To

1. The Additional District and Sessions Court for PCR Act Cases, Thanjavur

2. The Deputy Superintendent of Police Thiruvarur District Thiruvarur

3. The Inspector of Police Haridhuvarmangalam Police Station Thiruvarur

4. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J., ksa-2 13.12.2024 5/5