Tamizharasu @ Tamil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13612 of 2025 Tamizharasu @ Tamil ... Petitioner Vs 1.The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Sivagangai Division.

Sivagangai District.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

Crime No.348 of 2025.

3.Kaleeswaran

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the Additional District and Sessions Court for the exclusive Trial of PCR Act Cases, Sivagangai to consider the Bail Application on the same day of his surrender if any filed by the petitioner/Accused no. 6 in Crime No.348 of 2025 registered by the second respondent. For Petitioner : Mr.K Radhakrishnan, For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner is an accused No.6 in Crime No.348 of 2025, on the file of the second respondent Police. The said case was registered for the offences under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 324(2), 351(3) of BNS r/w Section 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act 1989. Therefore, the petitioner has filed this petition, seeking a direction to the Additional District and Sessions Court for the exclusive Trial of PCR Act Cases, Sivagangai, to consider his bail application on the same day of his surrender.

2.The learned counsel appearing for the petitioner submitted that the co-accused 2,3 and 5 have been granted with similar relief by the Additional District and Sessions Court for exclusive trial of PCR Act cases, Sivagangai in Crl.MP.No.178 of 2025, dated 26.05.2025 and co-accused 1 &4 have been granted the similar relief by this Court in Crl.OP(MD) No.11558 of 2025, dated 09.07.2025 and therefore, the same relief may be granted to this petitioner also, who is similarly placed.

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3.Mr.P.Kottaichamy, learned Government Advocate (Crl. Side), who takes notice for the respondents 1 & 2 has also confirmed the same that the co-accused have been granted with the similar relief.

4. Considering the fact that this Court has already issued directions to the similarly placed persons as that of petitioner, this Criminal Original Petition is disposed of with a direction to the petitioner to surrender before the Additional District and Sessions Court for the exclusive Trial of PCR Act Cases, Sivagangai, 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. The Public Prosecutor concerned is expected to be available in the Court and the Public Prosecutor can very well get instructions with the 3/5

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

18.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Additional District and Sessions Court for the exclusive Trial of PCR Act Cases, Sivagangai 2.The Deputy Superintendent of Police, Sivagangai Division.

Sivagangai District.

3.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

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B.PUGALENDHI, J.

vrn Order made in Crl.OP(MD)No.13612 of 2025 18.08.2025 5/5