Ganesh Moorthy @ Kamalesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10004 of 2025 Ganesh Moorthy @ Kamalesh ... Petitioner Vs 1.State of Tamilnadu, Rep. by Deputy Superintendent of Police, Oomachikulam Range, Othakkadai, Madurai District.

2.The Inspector of Police, Othakkadai Police Station, Madurai District.

Crime No.130 of 2025 3.Sakthivel

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned III Additional District and Sessions Judge, (PCR Court), Madurai to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.130 of 2025, on the file of the second respondent.

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For Petitioner : Mr.K.Sathish Kumar For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

O R D E R

The petitioner is an accused in Crime No.130 of 2025, on the file of the second respondent Police. The said case was registered for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(2), 324(4) and 351(3) of BNS r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act 2015. Therefore, the petitioner has filed this petition, seeking a direction to the III Additional District and Sessions Judge, (PCR Court), Madurai, to consider his bail application on the same day of his surrender.

2.Despite notice, there is no representation for the third respondent.

3..Mr.P.Kottaichamy, learned Government Advocate (Crl. Side), who takes notice for the respondents 1 & 2 submitted that A2 and A3 in Crime No.130 of 2025 have been issued with the 2/5

directions of this Court in Crl.OP(MD) Nos.8596 and 9038 of 2025. He further submitted that the injured have been discharged from the hospital.

4. Considering the submissions of the learned Government Advocate (Crl.side) that A2 and A3 have been granted with similar relief by this Court in Crl.OP(MD) Nos.8596 and 9038 of 2025 and also considering the fact that the injured has been discharged from the hospital, this Criminal Original Petition is disposed of with a direction to the petitioner to surrender before the learned III Additional District and Sessions Judge, (PCR Court), Madurai, 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 application if any filed by the petitioner on the same day. In the meantime, the petitioner shall serve a copy of the bail petition well in advance to the defacto complaint along with the proposed date of his surrender, enabling the complainant to submit their arguments, if any. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the available 3/5

scientific modes. The bail application in any event shall be disposed on merits on the same day.

09.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The III Additional District and Sessions Judge, (PCR Court), Madurai 2.The Deputy Superintendent of Police, Oomachikulam Range, Othakkadai, Madurai District.

3.The Inspector of Police, Othakkadai Police Station, Madurai District.

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B.PUGALENDHI, J.

vrn Order made in Crl.OP(MD)No.10004 of 2025 09.07.2025 5/5