Madras High CourtCRL OP(MD)/3160/2025disposed of

Rajendran v. The State Of Tamil Nadu,

2025-02-20Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3160 of 2025 1.Rajendran 2.Masco ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Aranthangi, Pudukottai District.

2. The Inspector of Police, Nagudi Police Station, Pudukottai District.

(Crime No. 29 of 2025)

3. Kalyani ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the learned District and Sessions Judge (Special Court for PCR cases), Pudukottai to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No. 29 of 2025, dt. 13.02.2025. 1/4

For Petitioners :

Mr.D.Rameshkumar For Respondents :

Mr.R.M.Anbunithi (R1 & R2) Addl. Public Prosecutor

ORDER

This criminal original petition has been filed seeking for a direction to the learned District and Sessions Judge (Special Court for PCR cases), Pudukottai to accept the surrender of the petitioners and consider their bail applications on the same day on merits relating to Crime No. 29 of 2025, dated 13.02.2025.

2. Since no adverse order is going to be passed against the third respondent, notice to her is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court.

3. 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 the limited prayer and the facts and circumstances of the case, there shall be a direction to the learned District and Sessions Judge (Special Court for PCR cases), Pudukottai, to consider the petitioners' bail applications, 2/4

preferably on the same day of their surrender in connection with Crime No. 29/2025 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim 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.

4. It is needless to say that the Court below, while disposing the bail petitions shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders on merits and in accordance with law.

5. With the above direction, this criminal original petition stands disposed of.

20.02.2025 Index :

Yes / No sm Note: Issue order copy on 21.02.2025.

3/4

P.DHANABAL, J.

sm TO:-

1. The District and Sessions Judge (Special Court for PCR cases), Pudukottai.

2. The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3. The Inspector of Police, Nagudi Police Station, Pudukottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD)No.3160 of 2025 Dated:

20.02.2025 4/4