← Library
Madras High CourtCRL OP(MD)/1939/2025disposed of

Sevuga Perumal v. The State Of Tamil Nadu

2025-01-31Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sevuga Perumal .. Petitioner Vs.

1.The State of Tamil Nadu rep., by the Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

2.The Inspector of Police, Madagupatti Police Station, Madagupatti, Sivagangai District.

Crime No.103 of 2017 3.Arumugam .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai to consider the petitioner's bail application on the same day of his surrender in Spl.S.C.No.92 of 2018 on the file of the Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai in Crime No.103 of 2017 on the file of the first respondent.

For Petitioner : Mr.S.Ramesh Kumar 1/5

For Respondents : Mr.K.Sanjai Gandhi No.1& 2 Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai, to consider the Bail application of the Petitioner on the same day of his surrender before the Court in connection with Crime No. 103 of 2017 on the file of the second respondent police.

2. Heard the learned counsel appearing for the petitioner, 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 Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.103 of 2017 on the file of the second respondent police and pass appropriate orders, in 2/5

accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST Act. The petitioner 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 petitioner 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.

31.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk Note: Issue order copy on 07.02.2025 3/5

To 1.The Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai. 2.The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

3.The Inspector of Police, Madagupatti Police Station, Madagupatti, Sivagangai District.

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

4/5

M.NIRMAL KUMAR,J.

Rmk 31.01.2025 5/5