Iyyappan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Iyyappan 2.(*)Chandhru @ Karuppasamy ... Petitioners Vs 1.The State of Tamilnadu Represented by The District Superintendent of Police, Kulithalai Sub Division, Trichy.
2.The State of Tamil Nadu, Rep by the Inspector of Police, Lalapet Police Station, Karur District.
Crime No.162 of 2025.
3.Manikandan
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Principal District and Sessions Judge, Karur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.162 of 2025, dated 24.05.2025, on the file of the respondent police. For Petitioners : Mr.A.Thiyagarajan For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side)
O R D E R
The petitioners are accused 1 to 3 in Crime No.162 of 2025 on the file of the 2nd respondent Police. The said case was registered for the alleged offence 1/4
punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(2) & 351(3) of BNS 2023 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989. 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 claims that these petitioners have objected the defacto complainant from fixing a flex board with certain objectionable words. Therefore, the occurrence had taken place. According to him, the petitioners are the victim and they are not causing any hurt/injury to any one. 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 and submits that the petitioners are accused in Crime No.162 of 2025 & not in Crime No.163 of 2025, as mentioned in the affidavit.
against the respective parties.
4.Considering the facts and circumstances, this petition is disposed of with a direction to the petitioners to surrender before the learned Principal District and Sessions Judge, Karur, 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 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. Sd/- Assistant Registrar(CS-III) (*)Corrected as per order of this Court dated 11/07/2025 made in CRL.OP(MD)No.9524 of 2025 .
Sd/- Assistant Registrar(CS-III) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.
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To (*)To be substituted to the order already despatched on13/06/2025 1.The Principal District and Sessions Judge, Karur.
2.The District Superintendent of Police, Kulithalai Sub Division, Trichy.
3.The Inspector of Police, Lalapet Police Station, Karur District.
Crime No.162 of 2025.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.THIYAGARAJAN, Advocate ( SR-43354[F] dated 15/07/2025 ) Order made in 09.06.2025 AVK/12.06.2025 4 P/5C RA - ( 01.08.2025) 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4