Madras High CourtCRL OP(MD)/14295/2025allowed

Sankilikalai v. The State Of Tamilnadu Rep.By

2025-09-04Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14295 of 2025

1. Sankilikalai,

2. Selvam,

3. Subramanian,

4. Govinthan @ Govindarajan,

5. Sivagurunathan,

6. Vaithi,

7. Thangaraj,

8. Ganesan.

... Petitioners Vs

1. The State of Tamilnadu Rep.By. the Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District.

2. The State of Tamilnadu Rep.By. the Inspector of Police, Vanniyuampatti Vilakku Police Station, Virudhunagar District.

(Cr.No.139 of 2025).

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3. Muniyaraj.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Special Court and Exclusive Trial for Schedule case and Schedule Tribes (POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.139 of 2025 on the file of the second respondent.

For Petitioner : Mr. V.Maharajan.

For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

The petitioners seek a direction to the learned Special Court and Exclusive Trial for Schedule case and Schedule Tribes (POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District to consider their bail application on the same day of their surrender in Crime No.139 of 2025 on the file of the second respondent Police.

2. 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 learned Special Court and Exclusive Trial for Schedule case and Schedule Tribes 2/5

(POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.139 of 2025 registered for the offences under Sections 191(2), 191(3), 351(3), 126(2), 125, 296(b) of BNS, 2023, Sections 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 petitioners and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

3. The petitioners 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 petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

4. This Criminal Original Petition is ordered accordingly. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No apd 3/5

To 1.The Special Court and Exclusive Trial for Schedule case and Schedule Tribes (POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District.

3. The Inspector of Police, Vanniyuampatti Vilakku Police Station, Virudhunagar District.

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

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SUNDER MOHAN, J.

apd Crl.O.P(MD).No.14295 of 2025 04.09.2025 5/5