Madras High CourtCRL OP(MD)/3902/2025disposed of

Sakthieswaran v. The Deputy Superintendent Of Police

2025-03-03Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Sakthieswaran ... Petitioner Vs

1. The Deputy Superintendent Of Police, Tenkasi District.

2. State of Tamilnadu the Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

Cr No. 68 of 2025.

3. Sakthivel ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Principal District and Sessions Cum PCR Court, Tenkasi to accept the surrender of the petitioner and consider his bail application on the same day in connection with crime no.68 of 2025 pending on the file of the 2nd respondent police.

For Petitioner : Mr.Perumal.M, For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Cum PCR Court, Tenkasi to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 68 of 2025 dated 18.02.2025 on the file of the second respondent police

2. Heard the learned counsel appearing for the petitioner, 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 Principal District and Sessions Cum PCR Court, Tenkasi to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.68 of 2025 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due 2/5

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 petitioner and pass orders on merits and in accordance with law.

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

03.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes LR Note:Issue order copy on 04.03.2025 3/5

To 1.The Principal District and Sessions Cum PCR Court, Tenkasi.

2. The Deputy Superintendent Of Police, Tenkasi District.

3. State of Tamilnadu the Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

Cr No. 68 of 2025.

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

P. DHANABAL , J., LR 03.03.2025 5/5