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2025 DAILYLAW 52463 (MAD)

J.Amutha v. STATE REP BY, THE DEPUTY SUPERINTENDENT OF POLICE

CRL OP/12777/2025 · 2025-04-25

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.12777 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.04.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12777 of 2025 1. J.Amutha 2. Janagiraman 3. Sudha 4.Padmavathi 5. Venugopal ... petitioners Vs 1. State Rep.by: The Deputy Superintendent of Police, Cheyyar Police Station, Tiruvannamalai District. 2. The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District. 3. Vanmathi ... Respondents Criminal Original Petition is filed under Section 528 of BNSS., to direct the learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider and pass order on the petitioners' Bail application in connection with the Crime No.154 of 2025 on the file of the second respondent Police on their surrender and pass orders on merits on the same day. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12777 of 2025 For petitioners : Mr.E.Sathiyaraj For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1 &R2) O R D E R This petition is filed for a direction to the Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider the petitioners' bail application on the same day of their surrender in Crime No.154 of 2025 on the file of the second respondent Police, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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 District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai, to consider the petitioners' bail application, preferably on 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12777 of 2025 the same day of their surrender in connection with Crime No. 154 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. 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. 25.04.2025 Index:Yes/No Neutral Citation/Yes/No kv 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12777 of 2025 To 1. The Deputy Superintendent of Police, Cheyyar Police Station, Tiruvannamalai District. 2. The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District. 3. The Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai, 4. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12777 of 2025 G.K.ILANTHIRAIYAN, J. kv Crl.O.P.No.12777 of 2025 25.04.2025 5/5 https://www.mhc.tn.gov.in/judis