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2025 DAILYLAW 35895 (MAD)

RAJIVGANDHI v. STATE DEPUTY SUPERINTENDENT OF POLICE

CRL OP/7848/2025 · 2025-03-18

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.7848 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7848 of 2025 Rajivgandhi ... Petitioner Vs. 1. State : Deputy Superintendent of Police, Bargur, Krishnagiri District. (Crime No.89 of 2025 of Bargur Police Station) 2. The State represented by its Inspector of Police, Krishnagiri District. (Crime No.89 of 2025) .. 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, Krishnagiri to consider the bail application to be filed by the petitioner in Crime No.89 of 2025 on the file of Inspector of Police, Bargur Police Station, Krishnagiri district on the same day on merits of his surrender. For Petitioner : Mr.M.P.Saravanan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) ORDER https://www.mhc.tn.gov.in/judis Crl.O.P.No.7848 of 2025 This petition is filed for direction directing the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioner in Crime No.89 of 2025 on the file of Inspector of Police, Bargur Police Station, Krishnagiri district on the same day on merits of his surrender. 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, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.89 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. 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 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7848 of 2025 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. 18.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.7848 of 2025 G.K.ILANTHIRAIYAN, J. mn To 1. The Principal District and Sessions Judge, Krishnagiri. 2. The Deputy Superintendent of Police, Bargur, Krishnagiri District. 3. The Inspector of Police, Krishnagiri District. 4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.7848 of 2025 18.03.2025 https://www.mhc.tn.gov.in/judis