Selvaraj v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10369 of 2025 Selvaraj ... Petitioner Vs 1.The State of Tamil Nadu Represented by, The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Melur Sub Division, Madurai District.

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

(In Crime No.113 of 2025) 3.Nagarajan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned III Additional District Court (PCR), Madurai, to 1/6

consider the bail application filed by the petitioner and pass appropriate orders in the bail application on the same date of his surrender related to the case in Crime No.113 of 2025 on the file of the second respondent herein.

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

O R D E R

The petitioner is the sole accused in Crime No.113 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 296(b) and 118(1) of BNS and 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act, 1989. 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.

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2.The learned counsel for the petitioner submits that there is a civil dispute pending between the petitioner and one Rajapandi. The defacto complainant is working under the said Rajapandi and at the instigation of the said Rajapandi, they have been foisted a false complaint against the petitioner. 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 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.

He further submitted that this Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed on the same day of his surrender and therefore, by relying upon the similar orders, the petitioner prayed for similar directions. 3.Mr.P.Kottaichamy, learned Government Advocate (Crl.

Sl.No District Crime No.

offences 1 Madurai 120(b), 147, 148, 307, 324, 332, 34, 341, 353, 506(ii) of IPC 3(1) TNPPDL Act-PT.

2.

Madurai 294(b), 323, 324 and 506(i) of IPC 3.

Madurai 7(1)(a) CLA Act-PT 4.

Madurai 143, 188, 341 and 353 of IPC 5.

Madurai 143 and 341 of IPC 6.

Madurai 143 and 341of IPC 7.

Madurai 147, 294(b), 353 and 506(i) of IPC 8.

Madurai 147, 271 and 290 of IPC 9.

Thiruvanna malai 294(b), 323 and 506(ii) of IPC 10.

Madurai 143, 188 and 341 of IPC 11.

Sivagangai 151 of Cr.P.C., 12.

Sivagangai Not known 143, 269 and 271 of IPC 4.Considering the bad antecedents pending against the petitioner, this Court is not inclined to grant the relief and this criminal original petition is dismissed.

04.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg 4/6

To 1.The learned III Additional District Court (PCR), Madurai.

2The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Melur Sub Division, Madurai District.

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

(In Crime No.113 of 2025) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J vsg Order made in Crl.OP(MD)No.10369 of 2025 04.07.2025 6/6