Madras High CourtCRL OP(MD)/1325/2025disposed of

Karthik v. The Deputy Superintendent Of Police

2025-01-24Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

1. Karthik

2. Karthik .. Petitioners Vs

1. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2. The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

(Crime No. 3 of 2025)

3. Praveena

4. Dhineshkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to issue a direction, directing the District Sessions Judge, Special Court (PCR Court), Srivilliputhur, Virudhunagar District to consider the petitioners' bail Application in Crime No.3 of 2025 on the file of the 2nd respondent Police on the same day of their surrender. 1/5

For Petitioners : Mr. C.Suresh Kannan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the learned District Sessions Judge, Special Court (PCR Court), Srivilliputhur, Virudhunagar District to consider the petitioners bail application and dispose the bail application on the same day in Crime No. 3 of 2025 on the file of the R2.

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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the District Sessions Judge, Special Court (PCR Court), Srivilliputhur, Virudhunagar District to consider the petitioners' bail application, preferably on the same day of their surrender in connection 2/5

with Crime No.3 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 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. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

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

24.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Note: Issue order copy on 28.01.2025 PNM 3/5

1. The District Sessions Judge, Special Court (PCR Court), Srivilliputhur, Virudhunagar District

2. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

3. The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

PNM ORDER IN 24.01.2025 5/5