Madras High CourtCRL OP(MD)/14299/2025allowed

Ramu v. The State Of Tamilnadu Rep.By

2025-09-04Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14299 of 2025

1. Ramu,

2. Siva,

3. Sudharsan.

... Petitioners Vs

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

2. The State of Tamilnadu Rep. By,. the Inspector of Police, All Women Police Station, Nilakottai, Dindigul District (Cr.No.17 of 2025).

3. Priya ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Special Court for Exclusive Trail of Cases under SC/ST(POA) Act Sessions Judge, Dindigul District to accept the surrender of the petitioners and consider their bail application on the same day on merits in 1/4

relating to Crime No.17 of 2025 on the file of the second respondent. For Petitioner : Mr. S.Sarvagan Prabhu For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

The petitioners seek a direction to the learned Special Court for Exclusive Trail of Cases under SC/ST(POA) Act Sessions Judge, Dindigul District to consider their bail application on the same day of their surrender in Crime No.17 of 2025 on the file of the second respondent Police.

2. 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 of the facts of the case, there shall be a direction to the learned Special Court for Exclusive Trail of Cases under SC/ST(POA) Act Sessions Judge, Dindigul District to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.17 of 2025 registered for the offences under Section 376(1) of IPC and Sections 3(1)(r), 3(1)(w)(i) and 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioners and pass orders, after affording due opportunity to 2/4

the victim under Section 15-A of the SC/ST (POA) Act, 1989.

3. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

4. This Criminal Original Petition is ordered accordingly. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No apd To 1.The Special Court for Exclusive Trail of Cases under SC/ST(POA) Act Sessions Judge, Dindigul District.

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

3. The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

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SUNDER MOHAN, J.

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

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