Madras High CourtCRL OP(MD)/5664/2025disposed of

Kannan @ Santhosh Kannan v. The State Of Tamilnadu

2025-03-27Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Kannan @ Santhosh Kannan ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Commissioner of Police, Trichy City, Trichy.

2. The State of Tamilnadu, Rep by the Inspector of Police, AWPS, Thiruverambur Police Station, Trichy District.

Crime No.11 of 2020.

3. Nirmala ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the I Additional District and Sessions Judge(Special Judge for PCR Cases), Trichy to consider and dispose of the bail application of the petitioner/accused No.2 on the day of surrender in Crime No.11 of 2020 on the file of the Respondent.

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For Petitioner : Mr. T.J.Ebenezer Charles For Respondents : Mr.R.M.Anbunithi (R1,R2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned I Additional District and Sessions Judge(Special Judge for PCR Cases), Trichy to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 11 of 2020 dated 27.05.2020 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 police 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 I Additional District and Sessions Judge(Special Judge for PCR Cases), Trichy to consider the 2/5

petitioner bail application, preferably on the same day of his surrender in connection with Crime No.11 of 2020 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 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.

27.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Note:Issue order copy on 28.03.2025 PNM 3/5

To 1.The I Additional District and Sessions Judge(Special Judge for PCR Cases), Trichy 2.The Commissioner of Police, Trichy City, Trichy.

3. The Inspector of Police, AWPS, Thiruverambur Police Station, Trichy District.

Crime No.11 of 2020.

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

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P. DHANABAL, J.

PNM 27.03.2025 5/5