Madras High CourtCRL OP(MD)/2965/2025disposed of

Philip v. The State Of Tamil Nadu

2025-02-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Philip ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Deputy Superintendent of Police, Thalayuthu, Tirunelveli District.

2.The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No.100 of 2025.

3.Kali Chettimuthu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. Act, 2023, to direct the learned Special Court for trial of cases under SC/ST (POA) Act, Tirunelveli District to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on her surrender in connection with the case in Crime No.100 of 2025 on the file of the second respondent police.

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For Petitioner : Mr.N.Balasubramaniayn For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for trial of cases under SC/ST (POA) Act, Tirunelveli District 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.100 of 2025 on the file of the second 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 Special Court for trial of cases under 2/5

SC/ST (POA) Act, Tirunelveli District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.100 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 (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.

18.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

Note: Issue order copy on 19.02.2025.

To 1.The Deputy Superintendent of Police, Thalayuthu, Tirunelveli District.

2.The Inspector of Police, Manur Police Station, Tirunelveli District.

3.The Special Court for trial of cases under SC/ST (POA) Act, Tirunelveli District.

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

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P.DHANABAL, J.

BTR 18.02.2025 5/5