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Madras High CourtCRL OP/30512/2025allowed

Santhosh v. The Deputy Superintendent Of Police

2025-11-10Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Santhosh, M/A 21 years, S/oVenkatesh ... Petitioner Vs.

1. The Deputy Superintendent of Police, Gudiyatham Range, Vellore District.

2. State Rep. by :

The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.136 of 2025) ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Special Court, Exclusive Trial of POCSO Act Cases, Vellore, to consider the petitioner's bail petition on the same day of his surrender before the said Court in connection with Crime No.136 of 2025 on the file of the respondent police.

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For Petitioner : Mr.S.Thirugnanam For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side) for R1 & R2

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Special Court for Trial of Cases under SC/ST (POA) Act, Vellore, to consider the petitioner's bail petition on the same day of his surrender before the said Court in connection with Crime No.136 of 2025 on the file of the 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 the Special Court for Trial of Cases under SC/ST (POA) Act, Vellore, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.136 of 2025 on the file of the respondent Police and to pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act, 1989. The petitioner shall surrender before the jurisdictional 2/4

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.

10.11.2025 vsi To

1. The Deputy Superintendent of Police, Gudiyatham Range, Vellore District.

2. The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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