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2025 DAILYLAW 48686 (MAD)

Senthamarai Kannan v. The Deputy Superintendent of police

CRL OP/11862/2025 · 2025-04-22

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11862 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11862 of 2025 1.Senthamarai Kannan 2.Vijayakumari 3.Krishnan ... Petitioners Vs. 1.The Deputy Superintendent of Police, Ulundurpet Sub Division, Kallakurichi District 2.The State Rep. by its The Inspector of Police, AWPS Ulundurpet Kallakurichi District, crime No.19 of 2025 3.Vaitheeswari .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal Sessions Special District Judge, Kallakurichi, SC/ST.(POA) Act, to accept the bail application of the petitioners on the same day of presentation in crime No.19 of 2025 on the file of the respondent police. For Petitioners : Mr.P.Jayachandran https://www.mhc.tn.gov.in/judis Crl.O.P.No.11862 of 2025 For Respondents For R1 & 2 : Mr.A.Gopinath, Government Advocate (Crl. Side) O R D E R This petition is filed for a direction to the learned Principal Sessions Special District Judge, Kallakurichi, SC/ST.(POA) Act, to accept the bail application of the petitioners on the same day of presentation in crime No.19 of 2025 on the file of the 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal Sessions Special District Judge, Kallakurichi, SC/ST.(POA) Act, to consider the petitioners' bail applications, 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 petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the https://www.mhc.tn.gov.in/judis Crl.O.P.No.11862 of 2025 receipt of a copy of this Order. 3. It is needless to say that the Court below while disposing the bail petitions 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 petitions on the same day, does not amount to consider it favourably. 4. With the above direction, the Criminal Original Petition stands disposed of. 22.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok https://www.mhc.tn.gov.in/judis Crl.O.P.No.11862 of 2025 G.K.ILANTHIRAIYAN, J. lok To 1.The learned Principal Sessions Special District Judge, Kallakurichi, SC/ST.(POA) Act 2.The Deputy Superintendent of Police, Ulundurpet Sub Division, Kallakurichi District 3.The Inspector of Police, AWPS Ulundurpet Kallakurichi District, 4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.11862 of 2025 22.04.2025 https://www.mhc.tn.gov.in/judis