Rajesh v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12391 of 2025

1. Rajesh

2. Murugan Alias Chinnaiah ... Petitioners Vs 1.The State of Tamilnadu, Rep.,By the Deputy Superintendent of Police Samayanallur, Madurai District.

2.The Inspector of Police, Alanganallur Police Station, Madurai District (Crime No. 228 of 2025).

3.Vijayasundar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, direct the III Additional District Sessions Judge (PCR Court) Madurai, to consider the bail application on their surrender on the same day if any petition filed by the petitioners in Crime No. 228 of 2025 on the file of the 2nd respondent.

For Petitioners : Mr.T.Eashwar For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/5

O R D E R

The petitioners are accused in Crime No.228 of 2025, on the file of the second respondent Police. The said case was registered for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act 1989. Therefore, the petitioners have filed this petition, seeking a direction to the Special Court to consider their bail application on the same day of their surrender.

2.The learned counsel appearing for the petitioners submitted that the co-accused (A1 & A2) in Crime No.228 of 2025 have been granted with similar relief by this Court in Crl.OP(MD) No. 11474 of 2025, dated 08.07.2025 and therefore, the same relief may be granted to these petitioners, who are similarly placed. 3.Mr.P.Kottaichamy, learned Government Advocate (Crl. Side), who takes notice for the respondents 1 & 2 has also confirmed the same that the co-accused have been granted with the similar relief.

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4. Considering the fact that this Court has already issued directions to the similarly placed persons as that of petitioners, this Criminal Original Petition is disposed of with a direction to the petitioners to surrender before the III Additional District Sessions Judge (PCR Court) Madurai, 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 his 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.

23.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The III Additional District Sessions Judge (PCR Court) Madurai. 2.The Deputy Superintendent of Police Samayanallur, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District 4/5

B.PUGALENDHI, J.

vrn Order made in Crl.OP(MD)No.12391 of 2025 23.07.2025 5/5