Saravanan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.05.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1.Saravanan 2.Palsamy ... Petitioners / Accused 1 & 2 Vs.

1.The State of Tamil Nadu, Rep. By the Deputy Superintendent of Police (Rural), Nilakottai, Nilakottai Taluk, Dindigul District.

... 1st Respondent / Investigation Officer 2.The State of Tamil Nadu, Rep. By Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.159 of 2025) ... 2nd Respondent / Complainant 3.Vijayalakshmi ... 3rd Respondent / Defacto Complainant 1/5

Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., / 528 of B.N.S.S., to direct the learned Special Court for Exclusive Trial of cases under SC/ST(POA) Act, Sessions Judge, Dindigul District to dispose of the bail application filed by the petitioners on merits on the same day on their surrender before the above mentioned Court in pending investigation of Crime No.159 of 2025 on the file of Inspector of Police, Batlagundu Police Station, Dindigul District.

For Petitioners : Mr.S.Sarvagan Prabhu For R-1 & R-2 : Mr.M.Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Exclusive Trial of cases under SC/ST(POA) Act, Sessions Judge, Dindigul District to consider the petitioners' bail petition on merits upon the petitioners' surrender before the said Court and enlarge the petitioners on bail on the same day in Crime No.159 of 2025 on the file of the second respondent police.

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2. Heard the learned Counsels on either side 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 considering the facts and circumstances of the case, there shall be a direction to the learned Special Court for Exclusive Trial of cases under SC/ST(POA) Act, Sessions Judge, Dindigul District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.159 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 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. 3/5

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

14.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes rmi To 1.The Special Court for Exclusive Trial of cases under SC/ST(POA) Act, Sesions Judge, Dindigul District.

2.The Deputy Superintendent of Police (Rural), Nilakottai, Nilakottai Taluk, Dindigul District.

3.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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K.RAJASEKAR , J.

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