Madras High CourtCRL OP(MD)/2450/2025disposed of

Devi v. The State Of Tamil Nadu

2025-02-07Honourable Mr. Justice P.Dhanabal4 pages

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

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Devi

2. C.Rajendran ... Petitioners Vs.

1. The State of Tamil Nadu, O/o Deputy Superintendent of Police, Anna Nagar Division, Madurai District.

2. The Inspector of Police, E3 - Anna Nagar Police Station, Madurai District.

(Crime No.111 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the III-Additional Special Court Scheduled Castes and Schedules Tribes (POA) Act, 1989, Madurai District to accept the surrender of the petitioner's/accused no.1 and 2 and to consider their bail application and grant bail on the date of surrender itself in Crime No.111 of 2025 dated 29.01.2025 on the file of the respondent no.2. For Petitioners : Mr.K.Dinesh For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the III-Additional Special Court Scheduled Castes and Schedules Tribes (POA) Act, 1989, Madurai District and to accept the surrender of the petitioners in Crime No.111 of 2025, dated 29.01.2025 on the file of the second respondent and to consider and pass orders on the bail application to be preferred by the petitioners on the same day itself.

2. Heard the learned counsel appearing for the petitioners, 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 III-Additional Special Court Scheduled Castes and Schedules Tribes (POA) Act, 1989, Madurai District to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.111 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 2/4

SC/ST (POA) Act, 1989. 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 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 mac Note: Registry is directed to issue order copy on 10.02.2025. 3/4

P. DHANABAL , J., mac To 1.Deputy Superintendent of Police, Anna Nagar Division, Madurai District.

2. The Inspector of Police, E3 - Anna Nagar Police Station, Madurai District.

3.The III-Additional Special Court Scheduled Castes and Schedules Tribes (POA) Act, 1989, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.2450 of 2024 07.02.2025 4/4