Subramanian v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10195 of 2025 1.Subramanian 2.Vasanthamani 3.Vignesh 4.Kumuthamani ... Petitioners Vs 1.The State of Tamilnadu Represented by The Deputy Superintendent of Police, Palani Division, Dindigul District.

2.The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

3.Dharmalingam

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Additional District and Sessions Judge (Special Court for PCR Cases, Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.92 of 2025, on the file of the second respondent, pending investigation. 1/5

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

O R D E R

The petitioners are the accused in Crime No.92 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 329(3), 324(4), 336(3) of Bharatiya Nyaya Sanhita, 2023 and under Section 3(1)(s), 3(1)(f) 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 claims that out of total extent of 1 Acre 38 cents in S.No.34/1C, at Pushpathur, an extent of 18 cents have been sold by the petitioners on 26.12.2006. Thereafter, several sales were taken place, however, the present complaint has been lodged by the third respondent that the petitioners are attempting to 2/5

grab their property, without any basis. 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 no one is injured in this case and it is a dispute between the neighbours. 4.Considering the facts and circumstances, this petition is disposed of with a direction to the petitioners to surrender before the learned Additional District and Sessions Judge (Special Court for PCR Cases, Dindigul, 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 same day. The Public Prosecutor concerned is 3/5

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. 18.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The I Additional District and Sessions Judge (Special Court for PCR Cases, Dindigul 2.The Deputy Superintendent of Police, Palani Division, Dindigul District.

3.The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10195 of 2025 18.06.2025 5/5