M.Ayyappan v. The State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR M.Ayyappan ... Petitioner Vs.

1. The State rep.by The Deputy Superintendent of Police, Dharmapuri Division, Dharmapuri District.

2. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri, Crime No.308 of 2025.

3. V.Thiruvarasan .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider and pass orders on bail application to be filed by the petitioner on the same day in connection with Crime No.308 of 2025 pending on the file of the second respondent.

For Petitioner : Mr.J.Bharathiraja For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side) (for R1 & R2)

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned Principal District and Sessions Judge, Dharmapuri, to consider and pass orders on bail application to be filed by the petitioner on the same day in connection with Crime No.308 of 2025 pending 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 facts of the case, there shall be a direction to the Principal District and Sessions Judge, Dharmapuri to consider the petitioner bail application on the same day of his surrender in connection with Crime No.308 of 2025 registered for the offence under Sections 127(2), 115(2) & 118(1) of

BNS and Section 3(1)(r) and 3(2)(Va) of the SC/ST Act, 2015, on the file of the second 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.

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, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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

03.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order dna

N.SENTHILKUMAR, J.

dna To

1. The Deputy Superintendent of Police, Dharmapuri Division, Dharmapuri District.

2. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri,

3. The Principal District and Sessions Judge, Dharmapuri.

4. The Public Prosecutor, High Court, Madras.

03.10.2025