Pappaiya @ Jayasakthivel v. State Of Tamilnadu Rep By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Pappaiya @ Jayasakthivel ... Petitioner Vs.

1. The State of Tamilnadu Deputy Superintendent of Police Mayiladuthurai District

2. The State represented by Inspector of Police Kuthalam Police Station Mayiladuthurai District (Crime No.270 of 2022)

3. Bharathi ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the Principal District and Sessions Judge, Special Court for SC/ST Act, Mayiladuthurai, to consider the bail application of the petitioner in Spl.S.C.No.221 of 2024 on his surrender on the same day.

For Petitioners : Mr.C.Prabakaran For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Principal District and Sessions Judge, Special Court for SC/ST Act Cases, Mayiladuthurai, to consider the bail application of the petitioner in Spl.S.C.No.221 of 2024 on his surrender on the same day. 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, Mayiladuthurai, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.270 of 2022 on the file of the second respondent Police and to 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 receipt of a copy of this order.

3. With the above directions, this Criminal Original Petition stands allowed.

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To 1.

The Principal District and Sessions Judge, Special Court for SC/ST Act Cases, Mayiladuthurai 2.

The Deputy Superintendent of Police Mayiladuthurai District

3. The State represented by Inspector of Police Kuthalam Police Station Mayiladuthurai District 4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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