Vel @ Vel Karthi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Vel @ Vel Karthi ... Petitioner Vs.

1. The Deputy Superintendent of Police, Tirunelveli District.

2. The State of Tamil Nadu, Represented by the Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

Crime No.111 of 2025.

3. Esakkimuthu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to pass an order permitting the petitioners to surrender before the Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989 / Sessions Judge (FAC), Tirunelveli in Crime No.111 of 2025 and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law.

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For Petitioner : Mr.M. Arun Prakash For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989 / Sessions Judge (FAC), Tirunelveli and to accept the surrender of the petitioner in Crime No.111 of 2025, dated 23.03.2025 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 Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989 / Sessions Judge (FAC), Tirunelveli to consider the petitioner's bail application, preferably on the same day of 2/4

his surrender in connection with Crime No.111 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 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.

08.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Note: Registry is directed to issue order copy on 09.04.2025. 3/4

P. DHANABAL , J.

Mac To 1.The Special Court for Exclusive Trial of cases under SC/ST (POA) Act, 1989 / Sessions Judge (FAC), Tirunelveli

2. The Deputy Superintendent of Police, Tirunelveli District.

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

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

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