Madras High CourtCRL OP(MD)/2766/2025disposed of

Kadodimuthu v. The State Of Tamil Nadu

2025-02-14Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Kadodimuthu S/o.Subramanian ... Petitioner Vs.

1. The State of TamilNadu The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

2. The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

(Crime No.6 of 2025)

3. Kaliappan ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Special Court for the Exclusive trial of SC/ST Cases, Thoothukudi District to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender in connection with the case in Crime No.6 of 2025 on the file of the second respondent police.

For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl) 1/4

ORDER

This Criminal Original Petition has been filed to direct the Special Court for Exclusive trial of SC/ST Cases, Thoothukudi District and to accept the surrender of the petitioner in Crime No.6 of 2025, dated 24.01.2025 on the file of the second respondent and to consider and pass orders on the bail application to be preferred by the petitioner on the same day itself.

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 Special Court for Exclusive trial of cases under Scheduled Castes and Schedules Tribes (POA) Act, 1989, Thoothukudi District 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 2/4

accordance with law, after affording due opportunity to 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 said directions, this Criminal Original Petition stands disposed of.

14.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn Note: Registry is directed to issue order copy on 18.02.2025. 3/4

P. DHANABAL , J., gvn To

1. The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

2. The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

(Crime No.6 of 2025) 3.The Special Court for cases under Scheduled Castes and Schedules Tribes (POA) Act, 1989, Thoothukudi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

14.02.2025 4/4