Raja v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.08.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Raja ... Petitioner versus 1.The State of Tamil Nadu, Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The State of Tamil Nadu, Rep by the Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

[Crime No.199 of 2025] 3.Vijayaraj ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to direct the District and Sessions Judge (Special Court for PCR Cases), Pudukottai to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.199 of 2025, dated 04.08.2025 1/5

For Petitioner : Mr.D.Rameshkumar For R1 and R2 : Mr.P.Kottaichamy Government Advocate (Crl. side)

ORDER

The petitioner is an accused in Crime No.199 of 2025 on the file of the 2nd respondent Police. The said case was registered for the offence under Sections 296(b), 115(2), 118 (1) and 351(3) of BNS, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 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 surrender.

2.The learned Counsel for the petitioner submits the petitioner has not committed any offence as alleged by the prosecution and due to temple festival the dispute arose and complaint has been lodged. He further submits that Section 18 of the SC/ST (POA) Act 2/5

prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. 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. Therefore, the petitioner seeks a direction for disposal of the bail application on the same day. 3.The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that the defacto complainant drove a vehicle in a rash manner, when it was questioned, the occurrence had taken place.

4.Considering the facts and circumstances of the case, this Criminal Original Petition is ordered with a direction to the petitioner to surrender within a period of two weeks from the date of receipt of a copy of this order before the Special Court for Trial of Cases under SC & ST (POA) Act, Pudukottai, which, in turn, 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 3/5

of the bail petition well in advance to the defacto complaint along with the proposed date of the surrender, enabling the defacto complainant to advance the 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.

20.08.2025 DSK To 1.The District and Sessions Judge, Special Court for Trial of Cases under SC & ST (POA) Act, Pudukottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

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

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B.PUGALENDHI, J.

DSK 20.08.2025 5/5