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2025 DAILYLAW 106262 (MAD)

M.SHANMUGAM v. STATE REP.BY

CRL OP/26433/2025 · 2025-09-25

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 26433 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 26433 of 2025 1.M.Shanmugam 2.P.Selvam Petitioner(s) Vs 1. State Rep.By The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District. 2.The Inspector of Police Sankarapuram Police Station, Kallakurichi District Crime No 553 of 2025 3.Vadivel Respondent(s) PRAYER Writ Petition filed under Section 528 of BNSS, 2023 to direct the learned District and Sessions Judge (Special Judge of SC and ST (Prevention of Atrocities) Act) Kallakurichi to consider and dispose of the bail application of the Petitioners on merits in connection with the case in Crime No.553 of 2025 on the file of the second respondent herein on the same date of their surrender. For Petitioner: Mr.C.Munusamy For Respondent: Mr.R.Vinothraja for R1 and R2 Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis CRL OP No. 26433 of 2025 ORDER This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST Act Cases, Kallakurichi District to consider and dispose of the bail application of the Petitioners on merits in connection with the case in Crime No.553 of 2025 on the file of the second respondent herein on the same date of their surrender. 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Court for SC/ST Act Cases, Kallakurichi District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.553 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims 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. https://www.mhc.tn.gov.in/judis CRL OP No. 26433 of 2025 3. In view of the above, the Criminal Original Petition stands allowed. 25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note: Registry is directed to issue order copy on 25.09.2025 ssd https://www.mhc.tn.gov.in/judis CRL OP No. 26433 of 2025 To 1.State Rep.By The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District. 2.The Inspector of Police Sankarapuram Police Station, Kallakurichi District Crime No 553 of 2025 3.Vadivel S/o.Muniyan Indira Nagar Colony Melpattu, Sankarapuram Taluk Kallakurichi District https://www.mhc.tn.gov.in/judis CRL OP No. 26433 of 2025 N.SATHISH KUMAR J. ssd CRL OP No. 26433 of 2025 25-09-2025 https://www.mhc.tn.gov.in/judis