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Madras High CourtCRL OP(MD)/1533/2025disposed of

Murugan @ Murugesan v. The Deputy Superintendent Of Police

2025-01-28Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Murugan 2.Prasath 3.Panchammal 4.Kathammal 5.Ilaiyaraja .. Petitioners Vs.

1. The Deputy Superintendent of Police Peraiyur Sub Division, Madurai District.

2.The State of Tamil Nadu, Rep.by the Inspector of Police, Saptur Police Station, Madurai District.

(Crime No.8 of 2025) 3.Chandhiram .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned III Additional Sessions Judge (PCR Court), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.8 of 2025 dated 17.01.2025 on the file of the respondent police. 1/6

For Petitioners : Ms.B.Sudha Sathyanandh For Respondents : Mr.K.Sanjai Gandhi No.1& 2 Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned III Additional Sessions Judge (PCR Court), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.8 of 2025 dated 17.01.2025 on the file of the 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned III Additional Sessions Judge (PCR Court), Madurai to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.8 of 2025 on the file of the second 2/6

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.

28.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta Note: Issue order copy on 12.02.2025 3/6

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To 1.The III Additional Sessions Judge (PCR Court), Madurai.

2.The Deputy Superintendent of Police Peraiyur Sub Division, Madurai District.

3.The Inspector of Police, Saptur Police Station, Madurai District.

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

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M.NIRMAL KUMAR,J.

ta 28.01.2025 6/6