Sethumadhavan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Sethumadhavan ... Petitioner versus

1. The State of Tamil Nadu, The Deputy Superintendent of Police, Vallam Sub Division,, Thanjavur District.

2.The Inspector of Police, Tamil University Police Station, Thanjavur District.

[Crime No.196 of 2025] 3.Vijayakumar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to direct the 1st Additional District and Sessions Judge, Special Court for Trial of Cases under SC & ST (POA) Act, Thanjavur to consider the bail application of the petitioner on his surrender on the same day, in connection with Crime No.196 of 2025 on the file of the 2nd respondent police. 1/5

For Petitioners : Mr.B.Jameel Arasu For R1 and R2 : Mr.P.Kottaichamy Government Advocate (Crl. side)

ORDER

The petitioner is an accused in Crime No.196 of 2025 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 296(b), 131, 133 of BNS and Section 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Therefore the petitioner has filed this petition seeking a direction to the Special Court concerned to dispose of his bail application on the date of surrender. 2.The learned Counsel for the petitioner submits that it is a money dispute between the petitioner and the defacto complainant. The petitioner is alleged to have bitten the defacto complainant/ victim, who has sustained minor injury and has been discharged from hospital. He further submits that Section 18 of the SC/ST 2/5

(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.The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that the defacto complainant 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 Trial of Cases under SC & ST (POA) Act, Thanjavur 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 expected to be 3/5

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. 20.06.2025 DSK To 1.The 1st Additional District & Sessions Judge, Special Court for Trial of Cases under SC & ST (POA) Act, Thanjavur 2.The Deputy Superintendent of Police, Vallam Sub Division,, Thanjavur District.

3.The Inspector of Police, Tamil University Police Station, Thanjavur District.

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

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B.PUGALENDHI, J.

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