Madras High CourtCRL OP(MD)/6499/2025disposed of

Priya v. The State Of Tamil Nadu

2025-04-08Honourable Mr. Justice P.Dhanabal4 pages

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

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

1. The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Pattukkottai Sub Division, Thanjavur District.

2. The State of Tamil Nadu, Represented by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.332/2024).

3. S. Marimuthu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned 1st Additional District and Sessions Judge (PCR), Thanjavur under SC/ST Prevention of Atrocities Act, to consider the bail application on the surrender of the petitioner in connection with Crime No. 332 of 2024 pending investigation on the file of the 2nd respondent on merits on the same day.

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For Petitioner : Ms. A. Banumathy 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 learned 1st Additional District and Sessions Judge (PCR) under SC/ST Prevention of Atrocities Act, Thanjavur and to accept the surrender of the petitioner in Crime No.332 of 2024, dated 22.12.2024 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 1st Additional District and Sessions Judge (PCR) under SC/ST Prevention of Atrocities Act, Thanjavur, to consider the petitioner's bail application, preferably on the 2/4

same day of his surrender in connection with Crime No.332 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 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 I-Additional District and Sessions Court (PCR) under SC/ST Prevention of Atrocities Act, Thanjavur

2. The Deputy Superintendent of Police, Pattukkottai Sub Division, Thanjavur District.

3. The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

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