Madras High CourtCRL OP(MD)/14089/2025ordered

Nathiya v. The State Of Tamil Nadu,

2025-09-18Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN Nathiya ... Petitioner Vs.

1.The State of Tamilnadu rep. by The Deputy Superintendent of Police, Orathanadu Division, Thanjavur District.

2.State of Tamilnadu rep. by The Inspector of Police, Pappanadu Police Station, Thanjavur Distict.

(Crime No.207 of 2025) 3.Ananthan 4.Kuyili ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to direct the learned I Additional District and Sessions Judge (PCR Act Cases), Thanjavur District, to accept the surrender of the petitioner and consider her bail application on the same day on merit relating to the Crime No.207 of 2025, dated 29.07.2025.

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For Petitioner : Mr.P.Praveenkumar For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed to direct the learned I Additional District and Sessions Judge (PCR Act Cases), Thanjavur District, to accept the surrender of the petitioner and consider her bail application on the same day, on merits, in relation to Crime No.207 of 2025, dated 29.07.2025.

2. Though notice has been served on the third respondent, none has entered appearance.

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 I Additional District and Sessions Judge (PCR Act Cases), Thanjavur District to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.207 of 2025 registered Page No. 2 of 5

for the offences punishable under Section 296(b) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the 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.

4. 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, the defacto complainant and the victim of the date of surrender and of the filing of the petition.

5. This Criminal Original Petition is ordered accordingly. 18.09.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Page No. 3 of 5

Copy To:

1.The I Additional District and Sessions Judge (PCR Act Cases), Thanjavur District.

2.The Deputy Superintendent of Police, Orathanadu Division, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur Distict.

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

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SUNDER MOHAN , J.

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