Andiappan v. The State Of Tamilnadu Rep By Its

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12544 of 2025 Andiappan ... Petitioner Vs 1.The State of Tamil Nadu Rep. by its, The Deputy Superintendent of Police, Natham Taluk (Rural), Dindigul District.

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

(In Crime No. 338 of 2025).

3.Ranjith Kumar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the District Sessions Court, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Dindigul, to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in connection 1/5

with the case in Crime No.338 of 2025, on the file of the second respondent police.

For Petitioner : Mr.H.Mohammed Farook For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

The petitioner is the second accused in Crime No.338 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 296(b), 115(2), 303(2), 351(2) BNS r/w Section 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 learned District Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Dindigul, to dispose of his bail application on the date of his surrender. 2.The learned counsel for the petitioner submits that the petitioner is a shop owner having the shop adjacent to the first accused's shop. The defacto complainant, in a drunken mode, had created a problem with the first accused. The same was questioned by the first accused. Therefore, the 2/5

false case has been foisted as against the petitioner alleging that he had prevented the defacto complainant from taking water from a pot. 3.The learned Government Advocate(crl.side) appearing for the respondents 1 and 2 submits that the victim suffered only simple injury and he has also been discharged from the hospital. The first accused, who was arrested, has been released on bail. He further submits that a counter complaint has also been registered as against the defacto complainant. 4.Considering the fact that the injured has been discharged from the hospital, this Criminal Original Petition is allowed.

The petitioner is directed to surrender before the learned District Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 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 his surrender, enabling the complainant to submit their arguments, if any.

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. 25.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes cp To 1.The District Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Dindigul.

2.The Deputy Superintendent of Police, Natham Taluk (Rural), Dindigul District.

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

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B.PUGALENDHI,J cp Order made in Crl.OP(MD)No.12544 of 2025 25.07.2025 5/5