Madras High CourtCRL OP(MD)/4754/2025disposed of

Maniarasan, v. The State Of Tamil Nadu,

2025-03-14Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Maniarasan ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Lalgudi Circle, Trichy District.

2. The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No. 265 of 2021).

3. Kannagi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction, directing the I Additional District and Sessions Judge (PCR), Trichy to accept the surrender of the petitioner along with bail application in Crime No.265 of 2021 on the file of the 2nd respondent police herein and to consider and dispose the bail application on the same day on merits. For petitioner : Mr.V.Arun Prasad For R-1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner to direct learned I Additional District and Sessions Judge (PCR), Trichy and to accept the surrender of the petitioner in Crime No.265 of 2021 dated 11.04.2021 on the file of the second respondent police and to consider and pass orders on the bail application to be preferred by the petitioner on the same day itself.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.

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 I-Additional District and Sessions Judge (PCR), Trichy to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No. 265 of 2021 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. Since the Non Bailable 2/4

Warrant is pending after filing of the absconding charge sheet, it is for the Trial Court to take appropriate decision. 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.

4. 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 petitioner and pass orders on merits and in accordance with law.

5. With the above direction, this Criminal Original Petition stands disposed of.

14.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac Note: The Registry is directed to issue order copy on 17.03.2025. 3/4

P. DHANABAL , J., Mac To

1. The Deputy Superintendent of Police, Lalgudi Circle, Trichy District.

2. The Inspector of Police, Lalgudi Police Station, Trichy District.

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

Note: Registry is directed to issue order copy on 17.03.2025. 14.03.2025 4/4