Gowri v. State rep. by The Deputy Superintendent of Police,
CRL OP/12877/2025 · 2025-04-25
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 53290 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53290 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.12877 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.12877 of 2025
1. Gowri
2. Lakshmi ... petitioners Vs State rep by,
1. The Deputy Superintendent of Police, Gummidipoondi Range, Thiruvallur District. 2. The Inspector of Police, Sipcot Police Station, Thiruvallur District. (in crime No.498 of 2009)
3. Karthiyani ... Respondents Criminal Original Petition is filed under Section 528 of BNSS., to direct the Principal District and Sessions Judge, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act cases) to consider the petitioners bail application on the same day of their surrender in connection with Crime No.498 of 2009 on the file of the Inspector of Police, Sipcot Police Station, Thiruvallur District. 1/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12877 of 2025 For petitioners : Mr.C.Arivazhagan 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, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act cases) to consider the petitioners' bail application on the same day of their surrender in Crime No.498 of 2009 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, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act cases), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with 2/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12877 of 2025 Crime No.498 of 2009 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.12877 of 2025 To
1. The Deputy Superintendent of Police, Gummidipoondi Range, Thiruvallur District. 2. The Inspector of Police, Sipcot Police Station, Thiruvallur District. 3. The Principal District and Sessions Judge, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act cases). 4. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12877 of 2025 G.K.ILANTHIRAIYAN, J. kv Crl.O.P.No.12877 of 2025 25.04.2025 5/5 https://www.mhc.tn.gov.in/judis