Madras High CourtCRL OP(MD)/3163/2025disposed of

A.Raja v. The State Of Tamil Nadu,

2025-02-20Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3163 of 2025 A.Raja ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Kulithalai Sub Division, Karur District.

2. The Inspector of Police, Thogamalai Police Station, Karur District.

(Cr. No. 58 of 2025)

3. Palanisamy ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the Learned I Additional District Judge (PCR Court) Karur, to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No. 58 of 2025 dt. 12.02.2025 on the file of the Respondent police. 1/4

For Petitioner :

Mr.A.Thiyagarajan For Respondents :

Mr.R.M.Anbunithi (R1 & R2) Addl. Public Prosecutor

ORDER

This criminal original petition has been filed for a direction to the learned I Additional District Judge (PCR Court), Karur, to accept the surrender of the petitioner and to consider his bail application on the same day on merits, relating to the case in Crime No. 58 of 2025 dated 12.02.2025.

2. Since no adverse order is going to be passed against the third respondent, notice to him is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court.

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 I Additional District Judge (PCR Court), 2/4

Karur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 58/2025 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.

20.02.2025 Index :

Yes / No sm Note: Issue order copy on 21.02.2025.

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P.DHANABAL, J.

sm TO:-

1. The I Additional District Judge (PCR Court) Karur.

2. The Deputy Superintendent of Police, Kulithalai Sub Division, Karur District.

3. The Inspector of Police, Thogamalai Police Station, Karur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.O.P.(MD)No.3163 of 2025 Dated:

20.02.2025 4/4