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2025 DAILYLAW 107519 (MAD)

PACHAIYAMMAL v. The State Rep By Its

CRL OP/26893/2025 · 2025-10-06

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.26893 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.10.2025 CORAM: THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.26893 of 2025 1. Pachaiyammal 2. Thirupathi ... Petitioners Vs. State represented by, 1. The Deputy Superintendent of Police, Jolarpet, Thirupathur District. 2. The Inspector of Police, Jolarpet Police Station, Thirupathur District. (Crime No.218 of 2025) 3. Vithya ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Principal Sessions Judge, Special Court for SC/ST Act Cases, Thirupathur, to consider the bail application of the petitioners on the very same day of his surrender itself in connection with Crime No.218 of 2025 on the file of the second respondent Police. For Petitioners : Mr.K.Arumugam For R1 & R2 : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26893 of 2025 O R D E R This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions Judge, Special Court for SC/ST Act Cases, Thirupathur, to accept the surrender of the petitioners and consequently, consider their bail petition in connection with Crime No.218 of 2025 on the file of the second respondent Police, on merits on the same day. 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal Sessions Judge, Special Court for SC/ST Act Cases, Thirupathur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.218 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 Jurisdictional Court concerned, within a period of fifteen days from the date of the receipt of a copy of this Order. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26893 of 2025 3. In view of the above, the Criminal Original Petition stands allowed. 06.10.2025 ham Neutral Citation:Yes/No To 1. The Principal Sessions Judge, Special Court for SC/ST Act Cases, Thirupathur. 2. The Deputy Superintendent of Police, Jolarpet, Thirupathur District. 3. The Inspector of Police, Jolarpet Police Station, Thirupathur District. 4. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26893 of 2025 N. SATHISH KUMAR , J. ham Crl.O.P.No.26893 of 2025 06.10.2025 4/4 https://www.mhc.tn.gov.in/judis