Valarmathi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.13494 of 2025 Valarmathi ... Petitioner/Accused No.2 Vs.

1.The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Melur Sub Division, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

Crime No.310/2025.

...Respondent Nos.1 & 2/Complainants

3.Ayyamponnu 4.Muthayee 5.Manthayammal

...Respondent Nos.3 to 5/Defacto

Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Additional District Court No.III for PCR Act cases, Madurai to accept his surrender and to consider her bail application in Crime No.310 of 2025 on the file of 2nd respondent Police to be filed by the petitioner on the same day on merits.

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For Petitioner : Mr.A.Vadivel, For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R3 to R5 : No appearance

ORDER

The petitioner seeks a direction to the Additional District Court No.III for PCR Act cases, Madurai, to consider his bail application on the same day of surrender in Crime No.310 of 2025 on the file of the second respondent Police. 2.Though notices were served on the respondent Nos.3 to 5, none have entered appearance.

3.According to the learned counsel for the petitioner, the other accused have already been arrested and released on bail and the injured has been discharged from the hospital.

4. The learned Government Advocate (Crl.Side) also confirms the submissions made by the learned counse for the petitioner. 2/5

5. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the facts of the case, there shall be a direction to the Additional District Court No.III for PCR Act cases, Madurai, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No. 310 of 2025 registered for the offences under Section 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

6. The petitioner shall surrender before the concerned jurisdictional Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioner shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition. 3/5

7. This Criminal Original Petition is ordered accordingly. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Additional District Court No.III for PCR Act cases, Madurai.

2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.13494 of 2025 11.09.2025 5/5