Madras High CourtCRL OP(MD)/7756/2025disposed of

Mathiganesh v. The State Of Tamil Nadu Rep.By

2025-04-28Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Mathiganesh

2. R.Chandramohan ... Petitioners Vs

1. The State of Tamil Nadu Rep., by, The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District (Cr.No.22 of 2025).

3. Gopal ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS to direct the learned District Judge (Special Court SC/ST (POA)Act) Ramanathapuram, to accept the surrender or the Petitioner and consider the bail application on merits on the same date of surrender in Cr.No.22 of 2025 on the file of the R2 Police.

For Petitioners : Mr.K.Sathish Kumar 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 District Judge (Special Court SC/ST (POA)Act, Ramanathapuram to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 22 of 2025 dated 28.03.2025 on the file of the second respondent police.

2. Heard the learned counsel appearing for the petitioners, 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 District Judge (Special Court SC/ST (POA)Act, Ramanathapuram to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.22 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 2/4

SC/ST Act. The petitioners 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 petitioners and pass orders on merits and in accordance with law.

5. With the above direction, this Criminal Original Petition stands disposed of.

28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Note:Issue order copy on 29.04.2025 PNM To 1.The District Judge (Special Court SC/ST (POA)Act, Ramanathapuram 2.The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

P. DHANABAL , J., PNM 28.04.2025 4/4