K. Balaguru v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.K.Balaguru 2.R.Harish ... Petitioners Vs.

The State of Tamilnadu rep by 1.The Deputy Superintendent of Police, Vedasandur Sub Division, Dindigul District.

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

(in Crime No.165 of 2025) 3.Pandi ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the Special Court for Trial of Cases under SC/ST (POA) Act, Dindigul to accept the surrender of the petitioners and consider their bail application on same day in connection with Crime No.165 of 2025 on the file of the first respondent police.

For Petitioners : Mr.J.Senthil Kumaraiah For R1 and R2 : Mr.P.Kottai Chamy Government Advocate (crl.side) 1/4

ORDER

The petitioners are A12 & A13 in Crime No.165 of 2025 on the file of the second respondent Police. The said case was registered for the offences under Sections 191(2), 191(3), 126(2), 296(b), 118(1), 109(1), 351(3) of BNS and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. Therefore, the petitioners have filed this petition seeking a direction to the learned Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Dindigul, to consider their bail application on the same day of their surrender. 2.The case of the prosecution is that on 03.07.2025 at about 10.15 pm, near Eriodu Government Middle School, the petitioners along with other accused abused the defacto complainant, by stating his caste name and also attacked the defacto complainant with knife. Hence, the case.

3.The learned Government Advocate(crl.side) appearing for the respondent police submits that this occurrence is of retaliation to the earlier incident, which was registered in Crime No.150 of 2025 He further submits that this Court has already considered the application filed by the Accused Nos.1 and 2 in Crl.O.P(MD) No.12301 of 2025 and the said application was dismissed on 22.07.2025. Accordingly, he objects for grant of relief to the petitioners.

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4.Considering the facts and circumstances of the case and also the objections raised by the learned Government Advocate (Crl.side), this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed.

25.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes cp To 1.The Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Dindigul.

2.The Deputy Superintendent of Police, Vedasandur Sub Division, Dindigul District.

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

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

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B.PUGALENDHI,J cp 25.07.2025 4/4