Madras High CourtCRL OP(MD)/22112/2024disposed of

Noorul Hudha @ Bagathsingh @ Noorul Heetha v. The State Of Tamilnadu

2024-12-16Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Noorul Hudha @ Bagathsingh @ Noorul Heetha : Petitioner Vs.

1. The Deputy Superintendent of Police Palani Division Dindigul District

2. The Inspector of Police Palani Taluk Police Station Dindigul District

3. Chithiraiselvi : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Court for trial of SC/ST Act Cases, Dindigul to consider his bail application on the same day of his surrender in respect of Crime No. 484 of 2024 on the file of the 2nd respondent, pending investigation.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.Sanjai Gandhi No.1 and 2 Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the Special Court for trial of SC/ST Act Cases, Dindigul to consider his bail application on the same day of his surrender in respect of Crime No. 484 of 2024 on the file of the 2nd respondent, pending investigation.

2. Heard the learned counsel appearing for the petitioner, 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for trial of SC/ST Act Cases, Dindigul to accept the surrender of the petitioner and consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No. 484 of 2024 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 2/5

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. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

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

16.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 17.12.2024 3/5

To 1.The Special Court for trial of SC/ST Act Cases, Dindigul

2. The Deputy Superintendent of Police Palani Division Dindigul District

3. The Inspector of Police Palani Taluk Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

K.K.RAMAKRISHNAN,J.

aav 16.12.2024 5/5