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Madras High CourtCRL OP(MD)/3808/2025disposed of

Loganathan v. The State Of Tamilnadu

2025-02-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Loganathan 2.Vijaya ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by its, The Deputy Superintendent of Police, Aravakurichi, Karur District.

2.The Inspector of Police, All Women Police Station, Karur Rural, Karur.

Crime No.2 of 2025.

3.Santhiya ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the learned Special Court of SC & ST Principal District and Sessions Judge, Karur to consider the bail application of the petitioners on the same day 1/5

of their surrender before that Court in connection with Crime No.2 of 2025 on the file of the second respondent and pass such further or other orders as this Court.

For Petitioners : Mr.K.Arunraj For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court of SC & ST Principal District and Sessions Judge, Karur to consider the petitioners' bail petition on merits upon the petitioners surrender before the said Court and enlarge the petitioners on bail on the same day according to the law in Crime No.2 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 2/5

consideration the limited prayer and the facts and circumstances of the case, there shall be a direction to the learned Special Court of SC & ST Principal District and Sessions Judge, Karur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.2 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 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. The learned Counsel appearing for the petitioner also pointed that at the time of filing petition, due to inadvertence they omitted to mention about the Section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Since the petition is only to consider the 3/5

bail application on the same day, it is for the Trial Court to verify the correct Sections in the bail application if any filed by the petitioners.

6. With the above direction, this Criminal Original Petition stands disposed of.

28.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 04.03.2025.

To 1.The Deputy Superintendent of Police, Aravakurichi, Karur District.

2.The Inspector of Police, All Women Police Station, Karur Rural, Karur.

3.The Special Court of SC & ST Principal District and Sessions Judge, Karur.

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

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P.DHANABAL, J.

BTR 28.02.2025 5/5