Madras High CourtCRL OP(MD)/2293/2025disposed of

P.Sakthi Sathish v. The State Of Tamil Nadu,

2025-02-06Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL P.Sakthi Sathish ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by The Deputy Superintendent of Police, Thoothukudi District, 2.The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

Crime No.6 of 2025.

3.A.Kaliappan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., / 528 of B.N.S.S., Act, to direct the learned Sessions Judge, Special Court for Trial of Cases under SC/ST Act, Thoothukudi to consider the petitioner bail petition on merits upon the petitioner surrender before the said Court and enlarge the petitioner's on bail on the same day according to the law in Crime No.6 of 2025 on the file of the first respondent police and pass such further or other orders as this Court. For Petitioner : Mr.G.Radhakrishnan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for Trial of Cases under SC/ST Act, Thoothukudi to consider the petitioner bail petition on merits upon the petitioner surrender before the said Court and enlarge the petitioner's on bail on the same day according to the law in Crime No.6 of 2025 on the file of the first respondent police.

2. Heard the learned Counsels on either side 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC / ST (POA) Act, 1989, Thoothukudi, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.6 of 2025 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to 2/4

the victim under Section 15-A of the SC/ST (POA) Act, 1989. 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. Sd/- 06.02.2025 (*)Corrected as per the order of this court dated 18.02.2025 made in CRL.OP(MD).NO. 2293/2025 Sd/- Assistant Registrar(CS I) // True Copy // /02/2025 Sub Assistant Registrar( ) BTR To To be substituted to the order which is already despatched on 07.02.2025. 1.The Sessions Judge, Special Court for Trial of Cases under SC/ST Act, 3/4

2.The Deputy Superintendent of Police, Thoothukudi District, 3.The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

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

06.02.2025 SL(07.02.2025)/ 4P/ 5C VN(18.02.2025)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4