Thilagan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR. JUSTICE P.VADAMALAI Thilagan ... Petitioner / Accused No.4 Vs.

1.The State of Tamil Nadu, Rep by the Deputy Superintendent of Police, Thuraiyur Taluk, Trichy District.

2.The State of Tamil Nadu, Rep by the Inspector of Police, Thuraiyur Police Station, Trichy District.

(Crime No.41 of 2023) ...1st & 2nd Respondents / Complainants 3.Vairamuthu ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to direct the learned I Additional District Court (PCR Court), Tiruchirappalli to consider the bail application for the petitioner on the same day of his surrender before the Court in connection with Crime No.41 of 2023 on the file of the second respondent police.

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For Petitioner :

Mr.S.Vidhya Sagar, Advocate For R1 and R2 :

Mr.K.Gnanasekaran, Government Advocate (Criminal Side) ****

ORDER

This petition has been filed seeking for a direction to the learned I Additional District Court (PCR Court), Tiruchirappalli, to consider and dispose of the petitioner's bail application on the same day of his surrender in respect of Crime No.41 of 2023 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the the learned I Additional District Court (PCR Court), Tiruchirappalli, to consider the petitioner's bail application on merits, preferably on the same day of his surrender in connection with Crime No. 2/5

41 of 2023 on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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.

3. 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. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

4. With the above direction, the Criminal Original Petition stands allowed.

21.05.2025 (PVMJ) NCC :

Yes/No Index :

Yes/No Internet :

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To 1.The I Additional District Court (PCR Court), Tiruchirappalli.

2.The Deputy Superintendent of Police, Thuraiyur Taluk, Trichy District.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

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P.VADAMALAI , J.

pal Order made in 21.05.2025 5/5