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Madras High CourtCRL OP/34196/2025allowed

Anbu @ Soleeswaran v. The Deputy Superintendent Of Police

2025-12-16Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No. 34196 of 2025 Anbu @ Soleeswaran S/o. Singaram, No.4/186/6, Ramalinga Nagar, Gurusamipalayam, Rasipuram, Namakkal District.

..Petitioner Vs.

State rep.by 1.

The Deputy Superintendent of Police, Namakkal, Namakkal District.

State rep.by The Inspector of Police, Puduchattram Police Station, Namakkal District.

(Crime No. 323 of 2025) 3.

Praveenkumar @ Praveen, S/o. Palanisamy, No.2/77, Kallupalayam Post, Koppampatty, Namakkal Taluk, Namakkal District.

..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 for Trial of Cases under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act cases, Namakkal District to consider the bail application filed

by the petitioner on his surrender in connection with Crime No. 323 of 2025 on the file of the 2nd respondent Police on the same day. For Petitioner :: Mr.W.Camyles Gandhi For Respondents :: Mr.S.Santhosh, Govt. Advocate (Crl. Side) for R1 & R2

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for Trial of Cases under SC/ST (POA) Act, Namakkal, to accept the surrender of the petitioner and consequently consider his bail petition on the same day, on merits, in connection with Crime No. 323 of 2025 on the file of the 2nd respondent Police. 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, Namakkal, to consider the petitioner's bail application, preferably on the same day of his surrender, in connection with Crime No.323 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 victim 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. 16.12.2025 nv To 1.

The Special Court for trial of cases under SC/ST (POA) Act, Namakkal.

The Deputy Superintendent of Police, Namakkal, Namakkal District.

3. The Inspector of Police, Puduchattram Police Station, Namakkal District.

(Crime No. 323 of 2025) 4.

The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J.

nv Crl.O.P.No.34196 of 2025 16.12.2025