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2025 DAILYLAW 167044 (MAD)

Palu @ Palsamy Thevar v. The State of Tamil Nadu,

CRL OP(MD)/17101/2025 · 2025-10-13

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.17101 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/10/2025 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD). No.17101 of 2025 Palu @ Palsamy Thevar ... Petitioner Vs The State of Tamil Nadu Rep. by its 1.The Deputy Superintendent of Police, Aundipatti, Theni District. 2.The Inspector of Police, Varusanadu Police Station, Theni District. 3. Abirami ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Special court the Exclusive Trial of SC/ST cases, Theni to consider the bail application on their surrender on the same day, if any petition filed by the petitioner in Crime No. 88 of 2025 on the file of the 2nd respondent. For Petitioner : Mr.C.Susikumar, For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17101 of 2025 ORDER The petitioner seeks a direction to the learned Special Judge for the Exclusive Trial of SC/ST cases, Theni, to consider his bail application on the same day of surrender in Crime No.88 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 Judge for the Exclusive Trial of SC/ST cases, Theni, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.88 of 2025 registered for the offences under Sections 126(2), 296(b), 351(3) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) 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 petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. 2/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17101 of 2025 3.The petitioner 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 petitioner 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. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No CP To 1.The Special Judge for the Exclusive Trial of SC/ST cases, Theni. 2.The Deputy Superintendent of Police, Aundipatti, Theni District. 3.The Inspector of Police, Varusanadu Police Station, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17101 of 2025 SUNDER MOHAN,J CP ORDER IN CRL OP(MD) No.17101 of 2025 Date : 13/10/2025 4/4 https://www.mhc.tn.gov.in/judis