Madras High CourtCRL OP(MD)/5121/2025disposed of

R. Jayaraj v. The State Of Tamilnadu

2025-03-20Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. R. Jayaraj

2. C. Mayilsamy 3.S. Ponraj 4.S. Kanagaraj 5.T. Sakkaraithai

6. M. Pandiyammal

7. P. Pavunthai

8. J. Valli

9. P. Pavunthai 10.B. Kamaraj 11.S. Palanisamy 12.K. Ramasamy 13.E. Pandi

14. P. Rajaram ... Petitioners Vs.

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1. The State of Tamil Nadu, Rep. By the Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Nilakottai (Taluk), Dindigul District.

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

Crime No.448 of 2024.

3. Nagapandi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Special Court for the Exclusive Trial of SC/ST Cases, Dindigul, to consider the bail application of the petitioners concerned in Cr.No.448 of 2024 on the file of the 2nd respondent herein. For Petitioners : Mr. S.Ramsundarvijayraj For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the the Special Court for the Exclusive Trial of SC/ST Cases, Dindigul, and to accept the surrender of the petitioners in Crime No.448 of 2024, dated 15.10.2024 on the file of the second respondent and to consider and pass orders on the bail application to be preferred by the petitioners on the same day itself.

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2. Heard the learned counsel appearing for the petitioners, 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 for the Exclusive Trial of SC/ST Cases, Dindigul, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No. 448 of 2024 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. 3/5

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

20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Note: Registry is directed to issue order copy on 21.03.2025. To

1. The Special Court for the Exclusive Trial of SC/ST Cases, Dindigul,

2. The State of Tamil Nadu, Represented by the Superintendent of Police, Karur District.

3. The Inspector of Police, K.Paramathi P.S.

Karur District.

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

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P. DHANABAL , J.

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