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2025 DAILYLAW 23486 (MAD)

PRAKASAM v. THE DEPUTY SUPERINTENDENT OF POLICE,

CRL OP/3765/2025 · 2025-02-13

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.3765 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3765 of 2025 Prakasam ... Petitioner Vs. 1. The Deputy Superintendent of Police, Perambalur, Perambalur District. 2. The State By, The Inspector of Police, Kunnam Police Station, Perambalur District. (Crime No.19 of 2025) 3. Kalaiselvi .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal District and Sessions Judge, (Special Court under SC and ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Cr.No.19 of 2025, on the file of Inspector of Police, Kunnam Police Station, Perambalur District and consider the bail petition on the same day. For Petitioner : Mr.M.R.Elavarasan For R1 and R2 : Mr.R.Vinothraja Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.3765 of 2025 ORDER This petition is filed for a direction directing the learned Principal District and Sessions Judge, (Special Court under SC and ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Cr.No.19 of 2025, on the file of Inspector of Police, Kunnam Police Station, Perambalur District and consider the bail petition 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, (Special Court under SC and ST Atrocities Act) at Perambalur, Perambalur District, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.19 of 2025 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 petitioner 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.O.P.No.3765 of 2025 3. 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 petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably. 4. With the above direction, the Criminal Original Petition stands disposed of. 13.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.3765 of 2025 G.K.ILANTHIRAIYAN, J. mn To 1. The Principal District and Sessions Judge, (Special Court under SC and ST Atrocities Act) at Perambalur, Perambalur District. 2. The Deputy Superintendent of Police, Perambalur, Perambalur District. 3. The Inspector of Police, Kunnam Police Station, Perambalur District. 4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.3765 of 2025 13.02.2025 https://www.mhc.tn.gov.in/judis