Lakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9520 of 2025 1.Lakshmi 2.Veerapathiran 3.Nagalakshmi 4.Panjali ... Petitioners Vs State of Tamilnadu rep. by, 1.The Assistant Commissioner of Police, Thallakulam Division, Madurai City.

2.The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.273 of 2025) 3.Punitha ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the 3rd Additional District and Sessions Judge/Special Court for Exclusive Trial of Cases under SC/ST (POA), Act, 1989, Madurai, to consider the petitioner's bail application on the same day of their surrender in Crime No.273 of 2025 on the file of the second respondent Police. For Petitioner : Mr.S.P.Prabakaran 1/6

For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

The petitioners are the accused in Crime No.273 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Section 420 of I.P.C., r/w 3(1) r and 3(1)(s) of SC/ST (POA) Amendment Act, 2015. Therefore, the petitioners have filed this petition seeking a direction to Special Court concerned to dispose of their bail applications on the date of surrender. 2.The learned counsel for the petitioners submits that earlier the petitioners filed an application in Crl.O.P.No.5476 of 2025 seeking a direction to consider the petitioners' bail application on the same day of their surrender in Crime No.273 of 2025 and the same was allowed on 25.03.2025 with a direction to the petitioners to surrender within a period of 15 days.

According to the learned counsel for the petitioners, since they have not surrendered as directed by this Court, they have filed another application before this Court in Crl.M.P.(MD).No.6166 of 2026 seeking extension of time. The same was allowed by this Court vide order dated 09.05.2025 providing another 15 days to the petitioners.

according to the petitioners, the order copy was made ready only on 22.05.2025. Therefore, these petitioners could not surrender as directed by this Court. Thereafter, the petitioners have moved this application. He further submits that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. Therefore, the petitioners seek a direction for disposal of the bail application on the same day.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) takes notice for the respondents 1 and 2.

4.Considering the reasons assigned by the petitioners, this petition is disposed of with a direction to the petitioners to surrender before the learned 3rd Additional District and Sessions Judge/Special Court for Exclusive Trial of Cases under SC/ST (POA), Act, 1989, Madurai, within a period of two weeks from the date of receipt of a copy of this order and the learned Judge of the Special Court is directed to entertain the bail applications if any filed by these petitioners on the same day. The Public 3/6

Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day.

16.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg 4/6

To 1.The learned 3rd Additional District and Sessions Judge/ Special Court for Exclusive Trial of Cases under SC/ST (POA), Act, 1989, Madurai.

2.The Assistant Commissioner of Police, Thallakulam Division, Madurai City.

3.The Inspector of Police, Thallakulam Police Station, Madurai City.

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

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B.PUGALENDHI,J vsg Order made in Crl.OP(MD)No.9520 of 2025 16.06.2025 6/6