Pushpa Valli v. The State Of Tamil Nadu,

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13654 of 2025 Pushpa Valli ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Vedasandur, Camp Office, Dindigul District.

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

(Crime No. 293/2025).

3.Rengasamy

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for trial of Cases registered under SC/ST (POA) Act, Dindigul, to consider the Bail Application of the petitioner on the same day of her surrender before the Court in connection with Crime No.293 of 2025, on the file of the respondent police.

For Petitioner : Mr.Ramesh. K For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.side) 1/6

O R D E R

The petitioner is accused in Crime No.293 of 2025, on the file of the second respondent Police. The said case was registered for the alleged offence punishable under Sections 351(2) of BNS, 2023 and Section 3(1)(r), 3(1)(p) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore, the petitioner has filed this petition seeking a direction to the Special Court concerned to dispose of his bail application on the date of his surrender.

2.The case of the prosecution is that on 02.08.2025, the petitioner along with her father has abused the defacto complainant in filthy language by degrading his caste name. Hence, this case. 3.The learned counsel appearing for the petitioner submits that there is a civil dispute between the petitioner and the defacto complainant and on account of that, a false case has been foisted as against this petitioner. In fact, the petitioner is the victim at the hands of the defacto complainant. She has lodged a complaint as against the defacto complainant and the same has been registered in Crime No.290 of 2025. As a counter complaint, this case has been registered as 2/6

against this petitioner. The learned counsel further submits that no one has injured in this case. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioner is inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioner seeks a direction for disposal of the bail application on the same day. He further submitted that this Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed on the same day of his surrender and therefore, by relying upon the similar orders, the petitioner prayed for similar directions.

4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the respondents 1 & 2 confirms that no one is injured in this case.

5.Considering the submissions of the learned Government Advocate (Crl.side) that no one is injured in this petition, this Court is inclined to grant relief to the petitioner.

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6.Accordingly, this Criminal Original Petition is allowed. The petitioner is directed to surrender before the learned Judge, Special Court for trial of Cases registered under SC/ST (POA) Act, Dindigul 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 his 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. The bail application in any event shall be disposed on merits on the same day.

18.08.2025 NCC : Yes/No Index : Yes/No vrn 4/6

To 1.The Special Court for trial of Cases registered under SC/ST (POA) Act, Dindigul, 2.The Deputy Superintendent of Police, Vedasandur, Camp Office, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Dindigul District.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.13654 of 2025 18.08.2025 6/6