Madras High CourtCRL OP(MD)/13951/2025ordered

Venkatesh @ Venkadesan v. The State Of Tamilnadu Rep.By

2025-09-11Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.13951 of 2025

1. Venkatesh @ Venkadesan

2. Suresh

3. Ramkumar

4. Muthupandi

5. Pulikesi ... Petitioner/Accused Nos.1 to 3, 5& 6 Vs.

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

2.State of Tamilnadu Rep.By, The Inspector of Police, Nathampatty Police Station, Virudhunagar District.

(Cr.No.118 of 2025).

...Respondent Nos.1 & 2/Complainants

3. M.Mahalingam

...Respondent No.3/Defacto Complainant

4. Kannan

...Respondent No.4/Victim

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Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 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 petitioner's and consider their bail application on the same day on merit relating to crime No.118 of 2025,dated 10.08.2025. For Petitioner : Mr.Maharajan. V, For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

The petitioner seeks a direction to the Special Court and Exclusive Trial for Schedule case and Schedule Tribes (POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District, to consider his bail application on the same day of surrender in Crime No.118 of 2025 on the file of the second respondent Police.

2. According to the learned counsel for the petitioner, the injured has been discharged from the hospital and it is a case and counter case.

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

4. 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 Special Court and Exclusive Trial for Schedule case and Schedule Tribes (POA) Act Cases (PCR Court), Srivilliputhur, Virudhunagar District, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.118 of 2025 registered for the offences under Section 119(2), 191(3), 296(b), 115(2), 118(1), 351(2) 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.

5. 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

6. This Criminal Original Petition is ordered accordingly. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 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, Nathampatty Police Station, Virudhunagar 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.13951 of 2025 11.09.2025 5/5