Periyasami @ Periyasamy v. The State Of Tamilnadu Rep.By

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Periysami @ Periyasamy 2.Thangarasu ... Petitioners Vs.

1.The State of Tamilnadu rep by The Deputy Superintendent of Police, Manapparai Circle, Manapparai, Trichy District.

2.State of Tamilnadu Rep by its, The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, Trichy District.

(Crime No.301 of 2025) 3.Mahadevan ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the learned I Additional District Court and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy to accept the surrender of the petitioner/Accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No. 301 of 2025 on the file of the second respondent police. 1/4

For Petitioner : Mr.T.Vadivelan For R1 and R2 : Mr.P.Kottai Chamy Government Advocate (crl.side)

ORDER

The petitioners are A4 & A5 in Crime No. 301 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), 324(4), 351(3) BNS and Sections 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 I Additional District Judge and Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy, to consider their bail application on the same day of their surrender.

2.The learned counsel for the petitioner submits that the petitioners are innocents and they were not present at the time of occurrence. However, due to previous enmity, their names have been falsely included as accused in Crime No. 301 of 2025.

3.The learned Government Advocate (crl.side) appearing for the respondents 1 and 2 submits that there are five accused in this case. Accused 2/4

Nos.1 to 3 were arrested and they are still in judicial custody. He further submits that the victim has sustained serious injuries and is still undergoing treatment.

4.Considering the nature of injuries and the condition of the victim and also the fact that the arrested accused are still in judicial custody, this Court is not inclined to grant the relief as prayed for. Accordingly, this Criminal Original Petition is dismissed.

25.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes cp To 1.I Additional District Judge and Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases (PCR Court), Trichy.

2.The Deputy Superintendent of Police, Manapparai Circle, Manapparai, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, Trichy 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