Madras High CourtCRL OP(MD)/2275/2025disposed of

Pathirakalai v. The State Of Tamilnadu

2025-02-05Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025 CORAM :

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

1. The State of Tamilnadu, Rep.By the Deputy Superintendent of Police, Puliyankudi, Tenkasi District..

2. The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

Crime No. 39/2025.

3. Esakkirani ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Learned II -Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 39 of 2025 on the file of the second respondent.

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For Petitioner : Mr. D.Thilaga Rani For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No. 39 of 2025 dated 24.01.2025 on the file of the second respondent police

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor 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 learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the petitioner bail application, preferably on the same day of her 2/5

surrender in connection with Crime No.39 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 petitioner and pass orders on merits and in accordance with law.

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

05.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes LR Note:Issue order copy on 06.02.2025 3/5

To 1.The II -Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District..

3. The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

P. DHANABAL , J., LR 05.02.2025 5/5