Madras High CourtCRL OP(MD)/5462/2025disposed of

Duraiyappa v. The State Of Tamilnadu

2025-03-25Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.03.2025 CORAM :

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

1. The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Kalakkad Sub-Division, Tirunelveli District.

2. The Inspector of Police, Kalakad Police Station, Tirunelveli District.

Crime No.179 of 2025

3. Sankaran ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the learned II Additional District Judge, (PCR Act Case), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.179 of 2025 on the file of the 2nd respondent police.

For Petitioner : Mr.M.Maharaja For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the the learned II-Additional District Judge, (PCR Act Case), Tirunelveli, and to accept the surrender of the petitioner in Crime No.179 of 2025, dated 15.03.2025 on the file of the second respondent and to consider and pass orders on the bail application to be preferred by the petitioner on the same day itself.

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 learned II-Additional District Judge, (PCR Act Case), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.179 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 2/4

petitioner 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.

25.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac Note: Registry is directed to issue order copy on 26.03.2025. 3/4

P. DHANABAL , J.

Mac To

1. The II-Additional District Court, (PCR Act Case), Tirunelveli

2. The Deputy Superintendent of Police, Kalakkad Sub-Division, Tirunelveli District.

3. The Inspector of Police, Kalakad Police Station, Tirunelveli District.

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

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