Madras High CourtCRL OP(MD)/11373/2025ordered

Banumathi Tamilselvan v. The State Of Tamilnadu

2025-07-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.11373 of 2025 Banumathi Tamilselvan ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the Inspector of Police, Keeranur Police Station, Dindigul District.

Crime No. 135/2025.

2. Kaleeshwari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the petitioner in Cr.No. 135 of 2025 pending on the file of the respondent police by the Special Court for the exclusive trial of SC and ST Cases, Dindigul and enlarge the petitioner on bail on the same day of surrender.

For Petitioner : Mr.K.Muthu Ganesa Pandian, For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner is accused No.1 in Crime No.135 of 2025 on the file of the 1st respondent Police. The said case was registered for the offences under Sections 296(b), 133 of BNS, 92(a) of the rights of persons with disabilities Act, 2016 and Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore, the petitioner has filed this petition seeking a direction to the Special Court for the exclusive trial of SC and ST Cases, Dindigul, to consider her bail application on the same day of her surrender.

2. The learned counsel appearing for the petitioner 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. He further submits that this case is a foisted one and the petitioner will prove her innocence. 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. However, the petitioner seek a direction for disposal of the bail application on the same day. He further submits that this Court in similar circumstances 2/5

had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed by the accused on the same day of their surrender. He further submits that there was a dispute in the women self help group and that has been exaggerated as a criminal complaint.

3. Heard the learned Government Advocate (Crl. Side).

4. Since no one has been injured in this incident and no previous case is pending against the petitioner, this Court is inclined to dispose of this criminal original petition.

5. Accordingly, this Criminal Original Petition is disposed of with a direction to the petitioner to surrender before the Special Court for the exclusive trial of SC and ST 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 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 her surrender, enabling the complainant to submit their 3/5

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 scientific modes. The bail application in any event shall be disposed on merits on the same day. 07.07.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To 1.The Special Court for the exclusive trial of SC and ST Cases, Dindigul.

2. The State of Tamilnadu, Rep. by the Inspector of Police, Keeranur Police Station, Dindigul District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.11373 of 2025 07.07.2025 5/5