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Madras High CourtCRL OP/29963/2025allowed

Prakash v. The State Of Tamilnadu Rep By, The Deputy Superintendent Of Police,

2025-11-04Honourable Mr Justice A.D.Jagadish Chandira4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Prakash

2. Narayanaswamy Petitioner(s) Vs

1. The State of Tamilnadu Rep by, The Deputy Superintendent of Police, Hosur, Krishnagiri District.

2.The Inspector of Police, Berigai Police Station, Krishnagiri District. Cr.No.328/2025.

3.Jayamma Respondent(s) PRAYER Criminal Original Petition filed under section 528 of BNSS to direct the direct the District and Sessions Court, Krishnagiri (Special Judge for SC and ST Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.328/2025 on the file of respondent police. For Petitioner(s):

P.M.Jayachandran For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side) For R1 And R2

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ORDER

This Criminal Original Petition has been filed seeking a direction to the District and Sessions Court, Krishnagiri (Special Judge for SC and ST Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.328/2025 on the file of 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned the District and Sessions Court, Krishnagiri (Special Judge for SC and ST Act), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.328 of 2025 on the file of the 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.

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3. In view of the above, the Criminal Original Petition stands allowed. 04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sli To 1.The State of Tamilnadu Rep by, The Deputy Superintendent of Police, Hosur, Krishnagiri District.

2.The Inspector of Police, Berigai Police Station, Krishnagiri District. Cr.No.328/2025.

3.The District and Sessions Court, (Special Judge for SC and ST Act) Krishnagiri.

4/4 A.D.JAGADISH CHANDIRA J.

sli 04-11-2025