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2025 DAILYLAW 215230 (MAD)

Kannan S v. The State of Tamilnadu, Rep. by The Superintendent of Police,

CRL OP(MD)/18802/2025 · 2025-10-29

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.18802 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.18802 of 2025 S.Kannan ... Petitioner/Accused No.4 Vs. 1.The Superintendent of Police, Dindigul District. 2.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District. 3.The Sub Inspector of Police, Pattiveeranpatti Police Station, Dindigul. (Crime No. 215/2025). ... Respondents 1 to 3/Complainant 4. R.Thirumoorthy ... 4th Respondent/De-facto Complainant 5. Ramachandiran 6. R.Ramuthai 7. K.Madhavan ... Respondents 5 to 7/ Victims Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Trial cases registered under SC/ST (POA) Act, Dindigul to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender with the case in Crime No.215 of 2025 on the file of the third respondent. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18802 of 2025 For Petitioner : Mr.A.Sivasubramanian For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor ORDER The petitioner seeks a direction to the learned Special Judge for Trial cases registered under SC/ST (POA) Act, Dindigul, to consider his bail application on the same day of his surrender in Crime No.215 of 2025 on the file of the third respondent. 2. Since this Court is directing the Court below to consider the bail application after giving notices to the victims, notices to the victims in this case are dispensed with. 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 of the facts of the case, there shall be a direction to the learned Special Judge for Trial cases registered under SC/ST (POA) Act, Dindigul to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.215 of 2025 for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 4 of TNPHW and Sections 3(1)(r), 3(1)(s) and 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18802 of 2025 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 of hearing to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 4. 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 victims of the date of surrender and of the filing of the petition. 5. This Criminal Original Petition is ordered accordingly. 29.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18802 of 2025 To 1.The Superintendent of Police, Dindigul District. 2.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District. 3.The Sub Inspector of Police, Pattiveeranpatti Police Station, Dindigul. 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.18802 of 2025 SUNDER MOHAN, J. Indu Crl.O.P(MD).No.18802 of 2025 29.10.2025 5/5 https://www.mhc.tn.gov.in/judis