Madras High CourtCRL OP(MD)/2463/2025disposed of

Ramachandran v. The State Of Tamil Nadu

2025-02-10Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.02.2025 CORAM :

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

1. The State Rep. by The Deputy Superintendent of Police, Palani Division, Dindigul District.

2. The State represented by its The Inspector of Police, Swaminathapuram Police Station, Dindigul.

(Crime No.15 of 2025)

3. Uthayakumar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Special Court for trial of cases under SC/ST (POA) Act, Dindigul, to accept the surrender of the petitioner in connection with Cr.No.15 of 2025 on the file of the second respondent police on the same day of filing and to consider the Anticipatory Bail/bail petition filed by the petitioner on the same day of filing in accordance with law. For Petitioner : Mr.Karthic Rajan For Respondent Nos. 1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the Special Court for cases under Scheduled Castes and Schedules Tribes (POA) Act, 1989, Dindigul and to accept the surrender of the petitioner in Crime No.15 of 2025, dated 28.01.2025 on the file of the second respondent and to consider and pass orders on the Anticipatory/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 cases under Scheduled Castes and Schedules Tribes (POA) Act, 1989, Dindigul to consider the petitioner Anticipatory/bail application, preferably on the same day of his surrender in connection with Crime No.15 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 2/4

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.

10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn Note: Registry is directed to issue order copy on 12.02.2025. 3/4

P. DHANABAL , J., gvn To 1.The Deputy Superintendent of Police, Palani Division, Dindigul District.

2. The Inspector of Police, Swaminathapuram Police Station, Dindigul.

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

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