Aakhash v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2025

CORAM

THE HONOURABLE MR JUSTICE P.DHANABAL Crl.O.P.No. 36055 of 2025 1.Aakhash 2.Dineshkumar ... Petitioners

Versus

1.The Deputy Superintendent of Police, Rasipuram Namakkal District.

2.The Inspector of Police Rasipuram Police Station, Namakkal District.

(Crime No. 417 of 2025) 3.Krish ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direct the learned Special Court for Trial Cases Under SC/ST Act (POA) Act, Namakkal to consider the bail application filed by the petitioners on their surrender in connection with Crime No.417 of 2025 on the file of the 2nd respondent police on the same day.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the Special Court for the Exclusive Trial of SC and ST Cases, Namakkal, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 417 of 2025 dated 22.12.2025 on the file of the second respondent police.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record.

3. 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 limited prayer and the facts and circumstances of the case, there shall be a direction to the Special Court for the Exclusive Trial of SC and ST Cases, Namakkal, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.417 of 2025 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act. The petitioners shall 2/5

surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of the receipt of a copy of this order.

4. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders on merits and in accordance with law.

5. With the above direction, this Criminal Original Petition stands disposed of.

30.12.2025 SMV Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To:

1.The Special Court for Trial Cases Under SC/ST Act (POA) Act, Namakkal.

2.The Deputy Superintendent of Police, Rasipuram Namakkal District.

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

4.The Public Prosecutor High Court of Madras.

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P. DHANABAL, J., SMV Crl.O.P.No. 36055 of 2025 30.12.2025 5/5