Madras High CourtCRL OP(MD)/13926/2025ordered

Madhan Kumar v. The Deputy Superintendent Of Police

2025-10-16Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Madhan Kumar,

2. Sachidhanantham,

3. Dhanusalakshmi, ... Petitioners Vs 1.The Deputy Superintendent Of, Police, Dindigul District.

2. The State of Tamil Nadu, The Inspector of Police, Thadicombu Police Station, Dindigul District.

Crime No.130/2025.

3. K.Tamilarasi ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the special court for SC/ST(Prevention of Atrocities Act) Dindigul District to consider the surrender and Bail application filed by the Petitioner in Crime No.307/2025 pending on the file of the 2nd Respondent Police and to consider the bail application filed by the petitioners.

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For Petitioner : Mr.K.Althaf Sheriff M/s.Ajmal Associates, For R1 and R2 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) For R3 : Mr.V.Karuna

ORDER

The petitioners seek a direction to the learned Special Judge for SC/ST(Prevention of Atrocities Act) Dindigul District, to consider their bail application on the same day of surrender in Crime No.307 of 2025 on the file of the second respondent Police.

2.The learned counsel appearing for the defacto complainant/third respondent would oppose this petition and further submit that the matter was earlier referred to mediation and the mediation failed.

3. 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 Judge for SC/ST(Prevention of Atrocities 2/4

Act), Dindigul District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.307 of 2025 registered for the offences under Section 296(b), 115(2), 351(2) of BNS and Sections 3(1)(r), 3(1)(s) 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 of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

4.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.

5.This Criminal Original Petition is ordered accordingly. 16.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp .

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SUNDER MOHAN,J CP To 1.The Special Judge for SC/ST(Prevention of Atrocities Act), Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District.

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

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

ORDER

IN CRL OP(MD) No.13926 of 2025 Date : 16/10/2025 4/4