Nagaraj 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.Nagaraj 2.Vijayaragavan 3.Mugeshkumar 4.Jai @ Jaikumar ... Petitioners / Accused 1 to 4 Vs.

1.The Deputy Superintendent of Police, Manapparai Circle, Trichy District.

2.State of Tamil Nadu Rep. By The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, Trichy District.

(Crime No.120 of 2025) 3.Chinnakalai ... Respondents / 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 I Additional District Court and Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy to accept the surrender of the petitioners / accused and consider the petitioner's bail application on same day and grant bail on the date of surrender itself in Crime No.120 of 2025 on the file of the respondent police. For Petitioners : Mr.M.Silambarasan For R-1 & R-2 : Mr.M.Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned I Additional District Court and Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy 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.120 of 2025 on the file of the second respondent police. 2/5

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 I Additional District Court and Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.120 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 I Additional District Court and Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy. 2.The Deputy Superintendent of Police, Manapparai Circle, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, Trichy District.

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

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K.RAJASEKAR , J.

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