Rathinavel @ Deen Rajesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Rathinavel @ Deen Rajesh ... Petitioner Vs.

1. State represented by The Superintendent of Police, PCR Cell, Puducherry District.

2. State represented by The Station House Officer, Bahour Police Station, Puducherry District.

(Crime No.168 of 2025) .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direction to the learned II Additional District and Sessions Judge, (Special Court for SC/ST Cases), Puducherry to consider the petitioner's bail application on the very same day of his surrender in Crime No.168 of 2025 pending on the file of the respondent Police.

For Petitioner : Mr.K.Sasidaran For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned II Additional District and Sessions Judge, (Special Court for SC/ST Cases), Puducherry to consider the petitioner's bail application on the very same day of his surrender in Crime No.168 of 2025 pending on the file of the 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 facts of the case, there shall be a direction to the II Additional District and Sessions Judge, (Special Court for SC/ST Cases), Puducherry to consider the petitioner bail application on the same day of his surrender in connection with Crime No.168 of 2025 registered for the offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 and Section 3(1)(r)(s) and 3(2)(Va) under the Schedule Castes and

Schedule Tribes (Prevention of Atrocities) Act, on the file of the second respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedent of the petitioner and pass orders.

3. The petitioner 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, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

4. In view of the above, this Criminal Original Petition stands allowed.

03.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order dna

N.SENTHILKUMAR, J.

dna To

1. The Superintendent of Police, PCR Cell, Puducherry District.

2.The Station House Officer, Bahour Police Station, Puducherry District.

3. The II Additional District and Sessions Judge, (Special Court for SC/ST Cases), Puducherry.

4. The Public Prosecutor, High Court, Madras.

03.10.2025