Madras High CourtCRL OP(MD)/3318/2025disposed of

Nagapandi v. The State Of Tamil Nadu

2025-02-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Nagapandi,

2. Prem @ Premkumar,

3. Soundarpandi @ Soundrapandiyan ... Petitioners Vs

1. The State of Tamil Nadu, Rep by the Deputy Superintendent of Police, Batlagundu, Dindigul District.

2. The Inspector of Police, Batlagundu Police Station, Dindigul District.

Crime No.447/2024.

3. Kamalakannan ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Learned Special Sessions Judge for PCR Cases, Dindigul to accept the surrender of the Petitioners and consider the bail application on the date of surrender in crime no.447/2024 on the file of 2nd respondent police on the very same day.

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For Petitioners : Mr. Vishnu J For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Special Sessions Judge for PCR Cases, Dindigul to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 447 of 2024 dated 15.10.2024 on the file of the second respondent police

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 learned Special Sessions Judge for PCR Cases, Dindigul to consider the petitioners bail 2/5

application, preferably on the same day of their surrender in connection with Crime No.447 of 2024 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 Act. 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.

21.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes LR Note:Issue order copy on 24.02.2025 3/5

To 1.The Special Sessions Judge for PCR Cases, Dindigul

2. The Deputy Superintendent of Police, Batlagundu, Dindigul District.

3. The Inspector of Police, Batlagundu Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

P. DHANABAL , J., LR 21.02.2025 5/5