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Madras High CourtCRL OP/32411/2025allowed

Sathyaraj v. The Superintendent Of Police

2025-11-26Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. SATHYARAJ S/o. Dhatchamoorthy, No.1/106, Palla Street, Vanur Taluk, Kadapperikuppam, Villupuram District.

Petitioner(s) Vs

1. The Superintendent of police Pondicherry District.

2.The State rep by The Sub Inspector of Police Sedarpet Police Station, Sedarapet, Pondicherry. Crime No.5 of 2021.

3.Sankar S/o. Suburayan, Residing at Mariyamman Koil Street, Ottai Village, Vanur Taluk, Kadapperikuppam, Villupuram District.

Respondent(s)

PRAYER: The criminal original petition filed under Section 528 of BNSS to direct the learned II Additional District and Sessions Judge at Puduchery to accept the surrender of the petitioner herein in Spl.S.C.No.26/2025 pending on the file of the II Additional District Sessions Judge at Puducherry in Crime No.05 of 2021 on the file of the Inspector of Police, Sedarapet Police Station, Puducherry and consider his bail application on the same day itself. For Petitioner(s):

Mr.A.Samson For Respondent(s):

Mr.M.V.Ramachandra Murthy Public Prosecutor, Govt. of Puducherry, Asst. by Mr.R.Alexander, Govt. Advocate (P) for R1 & R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned II Additional District and Sessions Judge at Puduchery to accept the surrender of the petitioner herein in Spl.S.C.No.26/2025 pending on the file of the II Additional District and Sessions Judge at Puducherry in Crime No.05 of 2021 on the file of the Inspector of Police, Sedarapet Police Station, Puducherry and consider his bail application on the same day itself.

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 learned II Additional District and Sessions Judge at Puduchery, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.05 of 2021 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 before the 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. 26-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

sms To 1.The II Additional District and Sessions Judge at Puducherry. 2.The Superintendent of police Pondicherry District.

3.The State rep by The Sub Inspector of Police Sedarpet Police Station, Sedarapet, Pondicherry. Crime No.5 of 2021.

4.Sankar S/o. Suburayan, Residing at Mariyamman Koil Street, Ottai Village, Vanur Taluk, Kadapperikuppam, Villupuram District.

5.The Public Prosecutor,High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms

26-11-2025