Madras High CourtCRL OP/28347/2025ordered

Eswari v. The Deputy Superintendent Of Police

2025-10-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Eswari Petitioner(s) Vs

1. The State rep. by The Deputy Superintendent of Police Perundurai Sub-Division, Erode District.

2.The Inspector Of Police Arachalur Police Station, Erode District. Crime No.138 of 2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS to surrender and file a bail application before the Learned Principal Sessions and District Judge, Erode, to consider the petitioner's bail application on the same day in Crime No.138 of 2025 on the file of the 2nd respondent. For Petitioner(s):

Mr.C.S. Saravanan For Respondent:

Mr.R.Vinothraja Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Learned Principal Sessions and District Judge, Erode, to accept the surrender of the petitioner and consequently consider the bail petition on merits on the same day in Crime No.138 of 2025 on the file of the second respondent police.

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 Learned Principal Sessions and District Judge, Erode, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.270 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 petitioner shall surrender 2/4

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. 16-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to issue order copy on 17.10.2025 ssd To 1.The Learned Principal Sessions and District Judge, Erode,

2. The Deputy Superintendent of Police Perundurai Sub-Division, Erode District.

3.The Inspector Of Police Arachalur Police Station, Erode District. Crime No.138 of 2025.

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N.SATHISH KUMAR J.

ssd CRL OP No. 28347 of 16-10-2025 4/4