G.Thirupathirajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9747 of 2025 G.Thirupathirajan ... Petitioner Vs 1.The State of Tamilnadu Represented by The Deputy Superintendent of Police, O/o,the Deputy Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Mudukulathur Police Station, Crime No.143/2025 3.Rajendran

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Special Court for Scheduled Caste and Prevention of Atrocities Act, Ramanathapuram to accept the surrender of the petitioner and consider his bail application on the same day of merits in relating to Crime No.143 of 2025, dated 03.06.2025, on the file of the 1/5

second respondent police, Mudukulathur Police Station, For Petitioner : Mr.S.Ramsundarvijayan For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

The petitioner is the accused in Crime No.143 of 2025 on the file of the first respondent Police. The said case was registered for the offence under Sections 296(b), 115(2), 351(2) BNS of Act and Sections 3(1)(r), 3(1)(s) of SC/ST Act. Therefore, the petitioner has filed this petition seeking a direction to Special Court concerned to dispose of his bail application on the date of surrender. 2.The learned Counsel for the petitioner submits that the petitioner's left hand finger was bitten by the defacto complainant and it was amputated. Anticipating that there will be a complaint against the defacto complainant for the offence committed by him, he has lodged a false complaint as against this petitioner. Both the complaints have been registered as FIRs in Crime Nos. 144 of 2025 and 143 of 2025. He 2/5

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 petitioner is inclined to surrender before the Special Court concerned and to seek regular bail. Therefore, the petitioner seeks 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 respondent and confirms the averments made by the petitioner's counsel.

4.Considering the facts and circumstances of the case and considering that this petitioner has also suffered a serious injury, this Criminal Original Petition is ordered with a direction to the petitioner to surrender within a period of two weeks from the date of receipt of a copy of this order before the learned Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Ramanathapuram and the learned Judge of the Special Court is directed to entertain the bail application, if any filed by the petitioner on the same day. The Public Prosecutor 3/5

concerned is expected to be available in the Courts 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.

11.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To

1. The Special Court for Scheduled Caste and Prevention of Atrocities Act, Ramanathapuram 2.The Deputy Superintendent of Police, O/o,the Deputy Superintendent of Police, Ramanathapuram.

3.The Inspector of Police, Mudukulathur Police Station, 4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.9747 of 2025 11.06.2025 5/5