S.Bhuvaneshwari v. The State Rep By, Deputy Superintendent of Police
CRL OP/12101/2025 · 2025-04-23
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 50540 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50540 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.12101 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.12101 of 2025 S.Bhuvaneshwari ... Petitioner Vs.
1. The State Rep By, Deputy Superintendent of Police, Attur Taluk, Salem District. (Crime.No.131/2025)
2. Inspector of Police, Attur Police Station, Salem District. (Crime No.131/2025)
3. Bharathalakshmi .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Principal Sessions Judge, Special Judge for SC/ST act, Salem to consider the Petitioner's bail application on the same day of her surrender before the said Court, in Crime No.131 of 2025 dated 10.04.2025 pending on the file of the second respondent Police. For Petitioner : Mr.A.Suresh Sakthi Murugan For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12101 of 2025
ORDER This petition is filed for direction directing the Principal Sessions Judge, Special Judge for SC/ST act, Salem to consider the Petitioner's bail application on the same day of her surrender before the said Court, in Crime No.131 of 2025 dated 10.04.2025 pending on the file of the second 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 Principal Sessions Judge, Special Judge for SC/ST act, Salem, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.131 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.12101 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.12101 of 2025 G.K.ILANTHIRAIYAN, J. mn To
1. The Principal Sessions Judge, Special Judge for SC/ST act, Salem.
2. The Deputy Superintendent of Police, Attur Taluk, Salem District.
3. The Inspector of Police, Attur Police Station, Salem District.
4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.12101 of 2025 23.04.2025 https://www.mhc.tn.gov.in/judis