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2025 DAILYLAW 58450 (MAD)

Arulpandiyan v. The deputy superintendent of police

CRL OP/15025/2025 · 2025-05-16

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.15025 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.05.2025 CORAM THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15025 of 2025 1.Arulpandiyan 2.Mani @ Manigandan 3.Sarath @ Sarathkumar 4.Mohan @ Mohan Kumar 5.Mathiyazhagan 6.Kamalesh 7.Prasanth 8.Selvabarathi 9.Kishor ... Petitioners Versus 1.The Deputy Superintendent of Police, Arani Tiruvannamalai District. 2.The State rep. by The Inspector of Police, Santahvasal Police Station, Tiruvannamalai District. 3.Selvarani (Crime No. 128 of 2025) ... Respondents Prayer:- Criminal Original Petition is filed under Section 528 of the Bharatiya 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15025 of 2025 Nagarik Suraksha Sanhita, 2023, to direct the learned Special Court for Exclusive SC/ST Tiruvannamalai, to accept the surrender of the petitioners herein concerned in Crime No.128 of 2025 on the file of the Inspector of Police, Santhavasal Police Station, Tiruvannamalai District and consider the petition on the same day itself. For Petitioners : Mr.G.Pavendhan For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl. Side) ORDER This petition is filed for a direction to the Special Court for Exclusive SC/ST, Tiruvannamalai, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.128 of 2025, 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 Special Court for Exclusive SC/ST, Tiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 128 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 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15025 of 2025 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. 16.05.2025 dpa Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No M.NIRMAL KUMAR, J. dpa To 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15025 of 2025 1.The Deputy Superintendent of Police, Arani Tiruvannamalai District. 2.The Inspector of Police, Santahvasal Police Station, Tiruvannamalai District. 3.The Public Prosecutor, High Court, Madras. Crl.O.P.No.15025 of 2025 16.05.2025 4/4 https://www.mhc.tn.gov.in/judis