Madras High CourtCRL OP(MD)/3422/2025disposed of

S.Rajesh Kanna @ Rajesh v. The State Of Tamilnadu

2025-02-24Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3422 of 2025 S.Rajesh Kanna @ Rajesh ... Petitioner Vs.

1. The State of Tamilnadu, Rep. by the Deputy Superintendent of Police, Colachel Sub-Division, Colachel, Kanniyakumari District.

2. The Inspector of Police, Eraniel Police Station, Eraniel, Kanniyakumari District.

Crime No. 42/2025.

3. Anusha ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tiruelveli District to his surrender in Crime No. 42/2025 on the file of the 2nd respondent police.

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For Petitioner :

Mr.K.Muthurakkan For Respondents :

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

ORDER

This criminal original petition has been filed to accept the surrender of the petitioner before the Special Court for SC/ST (POA) Act, Tirunelveli, Tiruelveli District in connection with the Crime No. 42/2025 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day.

2. Since no adverse order is going to be passed against the third respondent, notice to her 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 Special Court for SC/ST (POA) Act, 2/4

Tirunelveli, Tiruelveli District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 28/2025 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.

24.02.2025 Index :

Yes / No sm Note: Issue order copy on 25.02.2025.

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P.DHANABAL, J.

sm TO:-

1. The Special Court for SC/ST (POA) Act, Tirunelveli, Tiruelveli District.

2. The Deputy Superintendent of Police, Colachel Sub-Division, Colachel, Kanniyakumari District.

3. The Inspector of Police, Eraniel Police Station, Eraniel, Kanniyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.O.P.(MD)No.3422 of 2025 Dated:

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