Sedhu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9521 of 2025 1.Sedhu 2.Meena 3.Sevagapriya 4.Valli ... Petitioners Vs 1.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Aranthangi Taluk, Pudukkottai District.

2.State through The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

Crime No.235 of 2025.

3.Manikandan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Special Court for the exclusive trial of SC and ST Act cases, Pudhukottai, to consider the bail application of the petitioners on the same day on merits in Crime No.235 of 2025, on the file of the second respondent.

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

O R D E R

The petitioners are the accused in Crime No.235 of 2025, on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 191(2), 296(b), 115(2), 118(1), 127(2), 351(3) of BNS, 2023 r/w 3(1)(r), 3(1) (s) & 3(2) (va) of SC/ST (Prevention of Atrocities) 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 their surrender.

2.The learned counsel for the petitioners submits that due to previous enmity, this case has been foisted as against the petitioners. On the alleged date of occurrence, there was a wordy altercation, due to which, the defacto complainant has attacked the first petitioner's son and in this regard, a counter case has also been filed in Crime No.234 of 2025. He further submits that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the 2/6

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 arrayed as A1 and A5 to A7 in Crime No.235 of 2025. There is a case and counter case in Crime No.234 of 2025. He further submits that the defacto complainant in Crime No.235 of 2025 was arrested. The learned Government Advocate objects for issuing direction in favour of A1 that he is a habitual offender, who is having several cases to his credit, as under:- Sl.No District Crime No.

offences 1 Aranthangi 294b, 323, 506(i) IPC 2 Aranthangi 379 IPC, 21(1), 21(2) of M& N (D& R) Act @ 379 IPC 3 Aranthangi 379 IPC 21(1), 21(2) of of M& N (D& R) Act 4 Aranthangi 1471 of 2020 448, 506(i) of IPC 5 Aranthangi 1263 of 2020 379 IPC 21(1), 21(2) of of M& N (D& R) Act @ 379 3/6

4.Considering the facts and circumstances and considering that the defacto complainant in Crime No.235 of 2025 was arrested and he is in jail, this Criminal Original Petition is allowed insofar as the petitioners 2 to 4 are concerned, with a direction to the petitioners 2 to 4, to surrender before the learned Special Court for the exclusive trial of SC/ST Act cases, Pudhukottai, 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 the petitioners 2 to 4 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.

5.Considering the antecedents as against the first petitioner herein, this Court is not inclined to issue any directions in favour of him. Accordingly, this Criminal Original Petition is dismissed as 4/6

against A1. The respondent police is directed to secure him forthwith. 09.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.Special Court for the exclusive trial of SC and ST Act cases, Pudhukottai.

2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Aranthangi Taluk, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.9521 of 2025 09.06.2025 6/6