KUMAR v. THE STATE REP BY ITS, THE DEPUTY SUPERINTENDENT OF POLICE,
CRL OP/8982/2025 · 2025-03-26
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40807 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40807 (MAD) · dailylaw.ai ]
Judgment text
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Crl.O.P.No.8982 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8982 of 2025
1. Kumar
2. Kanaka
3. Vijayan ... Petitioners Vs.
1. The State Rep By Its, The Deputy Superintendent of Police, Tiruvannamalai District.
2. The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District. Cr.No.31/2025.
3. R.Kumar .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction, directing Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989) to consider the petitioners' bail application on the same day of their surrender in Cr.No.31 of 2025 on the file of the 3rd respondent/defacto complainant. For Petitioners : Mr.P.Balamurugan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8982 of 2025
ORDER This petition is filed for a direction directing Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989), Tiruvannamalai, to consider the petitioners' bail application on the same day of their surrender in Cr.No.31 of 2025 on the file of the 3rd respondent/defacto complainant.
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 Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989), Tiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.31 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 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. https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8982 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 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 favourably.
4. With the above direction, the Criminal Original Petition stands
disposed of. 26.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8982 of 2025 G.K.ILANTHIRAIYAN, J. mn To
1. The Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989), Tiruvannamalai,
2. The Deputy Superintendent of Police, Tiruvannamalai District.
3. The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.
4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.8982 of 2025 26.03.2025 https://www.mhc.tn.gov.in/judis