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2025 DAILYLAW 85502 (MAD)

MOHAN KUMAR @ MOHAN RAJ v. The State Rep by, The Deputy Superintendent of Police,

CRL OP/22436/2025 · 2025-08-11

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 22436 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-08-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22436 of 2025 1. Mohan Kumar @ Mohan Raj S/o.Pattabi, Reddimangkuppam Village, Rajakkal Post, Gudiyatham Taluk, Vellore District. 2. SURYA S/o.Chinnadurai, No.77, Rajakkal Kodhandawar Nagar, Gudiyatham Taluk, Vellore District. Petitioner(s) Vs 1. The State Rep by, The Deputy Superintendent of Police, Gudiyatham, Vellore District. 2.The Inspector of Police, Melpatti Police Station, Vellore District. Cr.No.72/2025. 3.Vignesh S/o.Egabaram, Pudhumanai, Somalapuram Village, Ambur Village, Vellore District. Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 22436 of 2025 PRAYER Petition filed under section 528 of BNSS to direct the Honble Special Court for the cases under SC/ST act Vellore to accept the surrender of the petitioner and to consider the bail petition on the same day in Cr.No.72/2025 on the file of the 2nd respondent police. For Petitioner(s): Mr.S.Krishnamoorthy For Respondent(s): Mr.R.Vinodhreja, Government Advocate [Crl.Side] - For R1 And R2 ORDER This Criminal Original Petition has been filed seeking for a direction to the Special Court Designated under SC/ST Prevention of Atrocity Amendment Act, vellore to accept the surrender of the petitioners and consequently consider the bail petition on merits on the same day in Crime No.72 of 2025 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 learned Special Judge, Special Court Designated under SC/ST Prevention of Atrocity Amendment Act, https://www.mhc.tn.gov.in/judis CRL OP No. 22436 of 2025 Vellore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.72 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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. In view of the above, the Criminal Original Petition stands allowed. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc https://www.mhc.tn.gov.in/judis CRL OP No. 22436 of 2025 To 1. The Special Court for the cases under SC/ST Act, Vellore. 2.The Deputy Superintendent of Police, Gudiyatham, Vellore District. 3.The Inspector of Police, Melpatti Police Station, Vellore District. Cr.No.72/2025. https://www.mhc.tn.gov.in/judis CRL OP No. 22436 of 2025 N.SATHISH KUMAR J. CRL OP No. 22436 of 2025 11-08-2025 https://www.mhc.tn.gov.in/judis