Madras High CourtCRL OP(MD)/12550/2025ordered

Justin Joseph v. The State Of Tamilnadu Rep.By

2025-07-25Honourable Mr Justice B.Pugalendhi4 pages

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI Justin Joseph ... Petitioner Vs.

The State of Tamilnadu Rep by 1.The Deputy Superintendent of Police, Aundipatti Division, Aundipatti, Theni District.

2.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

(in Crime No.30 of 2025) 3.R.Elangovan ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the Special Court for the Exclusive Trial for cases under SC/ST (POA) Act, 1989, Theni District, to consider the bail application of the petitioner to be filed in Crime No.30 of 2025 on the file of the second respondent police. And to accept his surrender on the same day on merits. For Petitioner : Mr.H.Thayumanaswamy For R1 and R2 : Mr.P.Kottai Chamy Government Advocate (crl.side) 1/4

ORDER

The petitioner is the third accused in Crime No.30 of 2025 on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 133, 351(3), 49 of BNS and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Therefore, the petitioner has filed this petition seeking a direction to the learned Judge, Special Court for the Exclusive Trial for cases under SC/ST (POA) Act, 1989, Theni District, to dispose of his bail application on the date of his surrender.

2.The learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2 have admitted that there is no specific overt act against the petitioner and even according to the complainant, the petitioner was not present at the place of occurrence. 3.Considering the facts and circumstances of the case, this Criminal Original Petition is allowed. The petitioner is directed to surrender before the learned Judge, Special Court for the Exclusive Trial for cases under SC/ST (POA) Act, 1989, Theni District, 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 2/4

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. 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.

25.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes cp To 1.The Judge, Special Court for the Exclusive Trial for cases under SC/ST (POA) Act, 1989, Theni District.

2.The Deputy Superintendent of Police, Aundipatti Division, Aundipatti, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Theni 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