Madras High CourtCRL OP(MD)/4362/2025disposed of

Prabha v. The State Of Tamilnadu

2025-03-11Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025 CORAM :

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

1. The State of Tamilnadu, Rep by the Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2. The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

Crime No.88 of 2025.

3. Arockiasamy ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the Special Court SC/ST (POA) Act, Srivilliputhur, Virudhunagar District to accept the surrender of the Petitioner/Accused No.5 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.88 of 2025, dated 28.01.2025, on the file of the respondent police.

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For Petitioner : Mr.M.Murugesan For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Special Court SC/ST (POA) Act, Srivilliputhur, Virudhunagar District to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 88 of 2025 dated 28.01.2025 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 Special Court SC/ST (POA) Act, Srivilliputhur, Virudhunagar District to consider the petitioner bail application, preferably on the same day of his surrender in 2/5

connection with Crime No.88 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 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.

11.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes LR Note:Issue order copy on 12.03.2025 3/5

To 1.The Special Court SC/ST (POA) Act, Srivilliputhur, Virudhunagar District.

2. The State of Tamilnadu, Rep by the Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3. The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

Crime No.88 of 2025.

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

P. DHANABAL , J., LR 11.03.2025 5/5