Dhanasekar v. The State Of Tamilnadu Rep.By

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11539 of 2025 1.Dhanasekar 2.Pathinettam Padiyan 3.Gangatharan ... Petitioners Vs

1. State of Tamilnadu, Rep. by Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Mudukulathur Police Station, Mudukulathur, Ramanathapuram District.

3.Poopandi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Court for SC/ST (POA) Act Cases, Ramanathapurram to consider the bail petition of the petitioners on the very same day of surrender in Crime No.168/2025, dated 27.06.2025, on the file of the second respondent, the Inspector of Police, Mudukulathur Police Station, Ramanathapuram District. 1/5

For Petitioners : Mr.V.Palpandi For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioners are accused in Crime No.168 of 2025 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 296(b), 115(2), 351(2) of BNS r/w Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Amendment Act 2015. Therefore, the petitioners have filed this petition, seeking a direction to the Special Court for SC/ST (POA) Act Cases, Ramanathapurram, to consider their bail application on the same day of their surrender. 2.The petitioners claim that they have purchased a shop, wherein, the defacto complainant was in occupation on rental basis. The petitioners have requested the defacto complainant to vacate the shop, for which, a false complaint has been foisted by the defacto complainant, in order to continue his tenancy. 2/5

3. Mr.P.Kottaichamy, learned Government Advocate (Crl. Side) submits that there is a dispute with regard to occupation of shops. He further submits that the injured has been discharged from the hospital.

4. Considering the facts and circumstances of the case and the fact that the dispute is between the landlord and the tenant and also considering the submission of the learned Government Advocate (Crl.side) that the injured has been discharged from the hospital, this Criminal Original Petition is disposed of with a direction to the petitioners to surrender before the Special Court for SC/ST (POA) Act Cases, Ramanathapurram, 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 petitioners on the same day. In the meantime, the petitioners shall serve a copy of the bail petition well in advance to the defacto complaint along with the proposed date of their 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 3/5

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.

09.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To

1. The Special Court for SC/ST (POA) Act Cases, Ramanathapurram

2. Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur Police Station, Mudukulathur, Ramanathapuram District.

4/5

B.PUGALENDHI, J.

vrn Order made in Crl.OP(MD)No.11539 of 2025 09.07.2025 5/5