S.Hari Sudhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12990 of 2025 1.S.Hari Sudhan 2.J.Pandeeswaran 3.S.Vinothkumar 4.K.Dhanush ... Petitioners Vs.

1.The Inspector of Police, Viruveedu Police Station, Dindigul District.

(Crime No.97 of 2025) 2.Seetha ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Court for trial of cases under SC/ST (POA) Act, Dindigul District to consider the petitioner's bail application and dispose the same on the same day if the petitioners surrender before the learned Special Court for trial of Cases under SC/ST (POA) Act, Dindigul District in Crime No.97 of 2025 on the file of the first respondent Police.

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For Petitioner : Mr.M.Mahendran For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

The petitioners are A1, A3 to A5 in Crime No.97 of 2025 on the file of the first respondent Police. The said case was registered for the offences under Sections 296(b), 191(2), 191(3), 115(2), 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 Special Court for trial of cases under SC/ST (POA) Act, Dindigul District to consider their bail application on the same day of their surrender. 2.The learned counsel for the petitioners submits that the alleged occurrence taken place in a temple festival and the 2/6

petitioners have also lodged a complaint as against the defacto complainant. He further submits that Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. He further submits that this case is a foisted one and the petitioners will prove their innocence. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioners seek a direction for disposal of the bail application on the same day. He further submits that this Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed by the accused on the same day of their surrender. 3.The learned Government Advocate (Crl. Side) appearing for the first respondent submits that the the injured person has already been discharged from the hospital.

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4.This Court has considered the submissions made on either side and perused the available materials placed before this Court.

5.Considering the submissions made on either side, this Criminal Original Petition is allowed with a direction to the petitioners to surrender before the Special Court for trial of cases under SC/ST (POA) Act, Dindigul 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 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 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. 4/6

The bail application in any event shall be disposed on merits on the same day.

04.08.2025 Index : Yes/No Internet:Yes gns To 1.The Special Court for trial of cases under SC/ST (POA) Act, Dindigul District.

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

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

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B.PUGALENDHI, J.

gns Crl.OP(MD)No.12990 of 2025 04.08.2025 6/6