Madras High CourtCRL OP(MD)/7369/2025disposed of

Stalin v. The State Of Tamil Nadu

2025-04-23Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025 CORAM :

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

1. The State of Tamil Nadu, The Deputy Superintendent of Police, Theni, Theni District.

2. The Inspector of Police, Allinagaram Police Station, Theni District.

(In Crime No.78 of 2025).

3. Kamatchi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the learned Principal District and Sessions Judge (PCR), Theni to consider the bail application to be filed by the petitioner on the same day of his surrender in Cr.No.78 of 2025 on the file of the 2nd respondent police.

For Petitioner : Mr.P.Senguttuarasan For R1 and R2 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge (PCR), Theni to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.78 of 2025 on the file of the second respondent police

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) 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 Principal District and Sessions Judge (PCR), Theni to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.78 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 Act. 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.

23.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes apd Note:Issue order copy on 24.04.2025 To 1.The Deputy Superintendent of Police, Theni, Theni District.

2. The Inspector of Police, Allinagaram Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

P. DHANABAL , J., apd 23.04.2025 4/4