Madras High CourtCRL OP(MD)/2273/2025disposed of

Maheswari v. The State Of Tamil Nadu

2025-02-07Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Maheswari ... Petitioner Vs.

1.The Deputy Superintendent of Police, Periyakulam Circle Periyakulam Theni District

2. The Inspector of Police Thevathanapatti Police Station Thevathanapatti Theni District

3. Chinnathai ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court ) Theni to accept the surrender of the Petitioner/Accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No. 40 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Silambarasan For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) No.3 : Mr.G.Thalaimutharasu 1/5

ORDER

This Criminal Original Petition has been filed to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court ) Theni to accept the surrender of the petitioner/accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No. 40 of 2025 on the file of the 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 limited prayer and the facts and circumstances of the case, there shall be a direction to the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court ) Theni to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 40 of 2025 on the file of the second respondent police and pass 2/5

appropriate orders, in 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 on merits and in accordance with law.

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

07.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes aav Note:Issue order copy on 07.02.2025 To 1.The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court ) Theni 2.The Deputy Superintendent of Police, Periyakulam Circle Periyakulam, Theni District 3/5

3. The Inspector of Police Thevathanapatti Police Station Thevathanapatti Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

P. DHANABAL , J., aav 07.02.2025 5/5