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Madras High CourtCRL OP(MD)/3413/2025disposed of

Mathavan v. The State Of Tamil Nadu

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.3413 of 2025 1.Mathavan 2.Vishnu ... Petitioners Vs.

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

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

Crime No. 49/2025

3. Santhanakrishnan ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the Sessions Judge, Special court for Trial of cases registered under SC/ST (POA) Act, Dindigul to accept the petitioners' surrender in connection with Crime No. 49/2025 on the file of the 2nd respondent and consider their bail applications on the very same day in accordance with law.

For Petitioners :

Mr.G.Vishnuram For Respondents :

Mr.R.M.Anbunithi (R1 & R2) Addl. Public Prosecutor 1/4

ORDER

This criminal original petition has been filed seeking for a direction to the learned Sessions Judge, Special court for Trial of cases registered under SC/ST (POA) Act, Dindigul to accept the petitioners' surrender in connection with Crime No. 49/2025 on the file of the 2nd respondent police and consider their bail applications on the very same day in accordance with law.

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 Sessions Judge, Special court for Trial of cases registered under SC/ST (POA) Act, Dindigul to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No. 49/2025 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 petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of 2/4

the receipt of a copy of this order.

4. It is needless to say that the Court below, while disposing the bail petitions 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. Sd/- 24.02.2025 // True Copy // 25/02/2025 Sub Assistant Registrar (CS - I/ II / III /IV) sm TO:-

1. The Sessions Judge, Special court for Trial of cases registered under SC/ST (POA) Act, Dindigul.

2. The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

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

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

+1 CC to M/s.G.VISHNURAM, Advocate ( SR-12132[F] dated 25/02/2025 ) Crl.O.P.(MD)No.3413 of 2025 24.02.2025 MK/25.02.2025 4 P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4