Senthil @ Senthil Murugan Vs The State of Tamilnadu Rep.by

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023 to direct the Special Court for the Exclusive Trial of SC/ST Act cases, Theni District to accept the surrender of the petitioners in connection with Crime No. 559 of 2025 on the file of the Inspector of Police, Theni Police Station, Theni District and subsequently in the event of any bail application is made to be filed by them on the date of their surrender before the said Court the same has to be decided or merits and in accordance with law on the same day itself.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.18320 of 2025

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For Petitioner : Mr.J.Sankarapandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor ORDER

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The petitioners seek a direction to the Special Court for the Exclusive Trial of SC/ST Act cases, Theni District, to pass order on their bail petition on the same day of surrender in Crime No.559 of 2025 on the file of the Inspector of Police, Theni Police Station, Theni District.

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Since this Court is directing the Court below to consider the bail application after giving notice to the victim, notice to the victim in this case is dispensed with.

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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 facts of the case, there shall be a direction to the Special Court for the Exclusive Trial of SC/ST Act cases, Theni District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.559 of 2025 registered for the offences under Section 3(1)(j) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing 2/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.18320 of 2025

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the bail petition shall consider the gravity of the offence, previous antecedent of the petitioners and pass orders, after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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The petitioners shall surrender before the concerned jurisdictional

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Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

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