Karuppusamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Karuppusamy ... Petitioner Vs.

1.The State of Tamil Nadu Rep.by, The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

2.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

[Crime No.143 of 2025] 3.Rajendran ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the Special Court for the exclusive trial of SC and ST Act Cases, Ramanathapuram to accept the petitioner's surrender in connection with Cr.No.143 of 2025 on the file of the second respondent and consider his bail application on the same day in accordance with law.

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For Petitioner : Mr.G.Vishnuram For R1 and R2 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

The petitioner is A3 in Crime No.143 of 2025 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 296(b), 115(2) and 351 (2) of BNS r/w Sections 3(1) (r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 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 this Court has already issued a similar direction to A1 in this case. He further 2/6

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.The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that the victim has suffered simple injury and he has been discharged from hospital. 4.Considering the facts and circumstances of the case, 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 Special Court for the exclusive trial of SC and ST Act Cases, Ramanathapuram which, in turn, is directed to entertain the bail application if any filed by the petitioner on the same day. The Public Prosecutor concerned is 3/6

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.

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To 1.The Sessions Judge, Special Court for the exclusive trial of SC and ST Act Cases, Ramanathapuram 2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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

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B.PUGALENDHI, J.

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