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Madras High CourtCRL OP/31420/2025allowed

Ganapathi @ Ganapathi Subramanian v. The Deputy Superintendent Of Police,

2025-11-18Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Ganapathi @ Ganapathi Subramanian Petitioner(s) Vs

1. The Deputy Superintendent of Police, Erode Rural, Erode District.

2.The State represented by, Inspector of Police, Modakuruchi Police Station, Erode.

Cr.No.239/2025.

Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to pass a suitable direction to the Principal District Court (Special Court for the Exclusive Trial of SC and ST Cases), Erode to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Cr.No.239/2025 on the file of the 2nd respondent police, pending investigation.

For Petitioner(s):

Mr.A.Kumaraguru For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Principal District Court (Special Court for the Exclusive Trial of SC and ST Cases), Erode to accept the surrender petition in Crime No.239 of 2025 on the file of the Inspector of Police, Modakuruchi Police Station, Erode and to consider the bail petition of the petitioner 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 Principal District Court (Special Court for the Exclusive Trial of SC and ST Cases), Erode to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.239 of 2025 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. In view of the above, the Criminal Original Petition stands allowed. 18-11-2025 vum Note : Issue order copy today (18.11.2025) Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Deputy Superintendent of Police, Erode Rural, Erode District.

2.The Inspector of Police, Modakuruchi Police Station, Erode.

Cr.No.239/2025.

3. The Principal District Court (Special Court for the Exclusive Trial of SC and ST Cases), Erode

4. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J.

vum 18-11-2025