Madras High CourtCRL OP(MD)/7868/2025disposed of

Chinnadurai v. The State Of Tamil Nadu

2025-04-29Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Chinnadurai ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Ambasamudram, Ambasamudram Taluk, Tenkasi District.

2. The Inspector of Police, Alwarkurichi Police Station, Alwarkurichi, Tenkasi District.

Crime No.130/2025.

3. Karthick ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the learned Principal Sessions Court/Special Court for Trial of PCR Cases, Tenkasi, to consider the petitioner's bail application and dispose of the same on the same day, if the petitioner surrender before the Principal Sessions Court/Special Court for Trial of PCR Cases, Tenkasi, for the case registered in Crime No.130 of 2025 on the file of the second respondent dated 14.04.2025.

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For Petitioner : Mr.K.Ganesamoorthi For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge/Special Court for Trial of PCR Cases, Tenkasi, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 130 of 2025 dated 14.04.2025 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 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 Principal Sessions Judge 2/5

/Special Court for Trial of PCR Cases, Tenkasi, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.130 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 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.

29.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Note:Issue order copy on 30.04.2025 Rmk 3/5

To 1.The Principal Sessions Court/ Special Court for Trial of PCR Cases, Tenkasi. 2.The Deputy Superintendent of Police, Ambasamudram, Ambasamudram Taluk, Tenkasi District.

3. The Inspector of Police, Alwarkurichi Police Station, Alwarkurichi, Tenkasi District.

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

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P. DHANABAL, J.

Rmk 29.04.2025 5/5