M.Dinesh Gandhi v. The Deputy Superintendent of Police
CRL OP/12100/2025 · 2025-04-23
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49277 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49277 (MAD) · dailylaw.ai ]
Judgment text
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Crl.O.P.No.12100 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12100 of 2025 M.Dinesh Gandhi ... Petitioner Vs.
1. The Deputy Superintendent of Police, Panruti, Cuddalore District.
2. The State Rep By Inspector of Police, Panruti Police Station, Cuddalore District. Crime No.162 of 2025 .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.162 of 2025 on the file of the Panruti Police Station, Cuddalore District. For Petitioner : Mr.D.Lakshmipathy For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)
ORDER https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12100 of 2025 This petition is filed for direction directing the Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.162 of 2025 on the file of the Panruti Police Station, Cuddalore District.
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 Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.162 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 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12100 of 2025 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. 23.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12100 of 2025 G.K.ILANTHIRAIYAN, J. mn To
1. The Special Sessions Court for SC/ST (Prevention of Atrocities) Act at Cuddalore.
2. The Deputy Superintendent of Police, Panruti, Cuddalore District.
3. The Inspector of Police, Panruti Police Station, Cuddalore District.
4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.12100 of 2025 23.04.2025 https://www.mhc.tn.gov.in/judis