Suresh v. The State Of Tamil Nadu

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9484 of 2025 1.Suresh 2.Harish 3.Aswin @ Mani ... Petitioners Vs 1.The District Superintendent of Police, Andipatti, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.112 of 2025) 3.N.Gokul Raja

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Principal District and Sessions Judge, (Special Court for (Scheduled Castes and Scheduled Tribes Prevention of Atrocities) Act, 1989, Theni, to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.208 of 2025, on the file of the 1/5

respondent.

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

O R D E R

The petitioners are the accused in Crime No.112 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 191(2), 329(4), 296(b),115(2), 118(1), 351(2) of Bharatiya Nyaya Sanhita, 2023 r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, and r/w Section 3(1) r, 3(1)(s) and 3(2) (va) 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 the defacto complainant's brother has eloped with the first petitioner's daughter. According to the learned counsel for the petitioners, the petitioners went in search of the first petitioner's daughter. At that time, 2/5

there was a wordy quarrel arose between them. 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 injured sustained only simple injury.

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, (Special Court for (Scheduled Castes and Scheduled Tribes Prevention of Atrocities) Act, 1989, Theni, 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 3/5

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.

16.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg To 1.The learned Principal District and Sessions Judge, (Special Court for (Scheduled Castes and Scheduled Tribes Prevention of Atrocities) Act, 1989, Theni.

2.The District Superintendent of Police, Andipatti, Theni District.

3.The Inspector of Police, Andipatti Police Station, Theni District.

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

4/5

B.PUGALENDHI,J vsg Order made in Crl.OP(MD)No.9484 of 2025 16.06.2025 5/5