Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.(MD)No.1304 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.1304 of 2025
1. Vijaya
2. Palanichamy .. Petitioners Vs
1. The State of Tamilnadu Rep by, The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul.
2. The State of Tamilnadu Rep by, The Inspector of Police, Natham Police Station, Natham, Dindigul District. Cr.No.17/2025.
3. Alagumalai ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District to consider the Bail application for the petitioners on the same day in the event of surrender by the petitioners and seek bail in Crime No.17/2025 on the file of the Respondent police station. 1/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1304 of 2025
For Petitioner : Mr. S.Arjun For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Criminal Side)
ORDER This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District to consider the petitioners bail application and dispose the bail application on the same day in Crime No. 17 of 2025 on the file of the R2.
2. Heard the learned counsel appearing for the petitioners, 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 learned Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District to consider the petitioners' bail application, preferably on the same day of their surrender in 2/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1304 of 2025 connection with Crime No.17 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 Act. 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. 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.
24.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Note: Issue order copy on 28.01.2025 PNM 3/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1304 of 2025 To
1. The Sessions Judge, Special Court for Exclusive Trial of SC and ST Cases, Dindigul District
2. The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul.
3. The Inspector of Police, Natham Police Station, Natham, Dindigul District.
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. 4/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1304 of 2025 M.NIRMAL KUMAR, J. PNM
ORDER IN Crl.O.P.(MD)No.1304 of 2025 24.01.2025 5/5 https://www.mhc.tn.gov.in/judis