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Madras High CourtCRL OP/33469/2025allowed

Sivaselvam v. The State Rep. By The Deputy Superintendent Of Police,

2025-12-11Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sivaselvam

...Petitioner

Vs.

1.

State by, The Deputy Superintendent of Police, Vikiravandi Sub-Division, Vilupuram District.

The Inspector of Police, Valavanur Police Station, Vilupuram District.

(Crime No.538 of 2025) 3.

Raja

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act at Villupuram, Villupuram District to accept the surrender of the petitioner herein concerned in Crime No.538 of 2025 on the file of Inspector of Police, Valavanur Police Station, Vilupuram District and consider the bail petition on the same day itself. For Petitioner : Mr.S.Sasikumar For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 & R2 1/4

O R D E R

This criminal original petition has been filed seeking a direction to the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act at Villupuram, Villupuram District, to accept the surrender of the petitioner and to consequently, consider his bail petition on the same day, on merits, in connection with Crime No.538 of 2025 on the file of the 2nd respondent.

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 Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act at Villupuram, Villupuram District, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.538 of 2025 on the file of the 2nd 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 the receipt of a copy of this order.

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3. In view of the above, this criminal original petition stands allowed.

11.12.2025 skt Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To 1.

The Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST (Prevention of Atrocities) Act, Villupuram District.

The Deputy Superintendent of Police, Vikiravandi Sub-Division, Vilupuram District.

3.

The Inspector of Police, Valavanur Police Station, Vilupuram District.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

skt 11.12.2025 4/4