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Madras High CourtCRL OP(MD)/14111/2025ordered

Susila v. The State Of Tamilnadu

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.14111 of 2025

1. Susila

2. Krishnan

3. Kumar

4. Pandiselvi ... Petitioners/Accused Nos.1 to 4 Vs.

1.The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Oomachikulam, Madurai, Madurai District.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

Cr.No.207 of 2025..

...Respondent Nos.1 & 2/Complainants

3 Irulaya Ramachandran

...Respondent Nos.3 to 5/Defacto

Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Additional District and Sessions Judge for PCR cases, Madurai, Madurai District to accept the surrender of the petitioners and to consider their bail application on the same day in accordance with law of their surrender in connection with Crime No.207 of 2025 on the file of the Inspector 1/5

of Police, Silaiman Police Station, Madurai, Madurai District. For Petitioners : Mr.B.Jeyakumar For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R3 : Mr.S.Ramanathan

ORDER

The petitioners seek a direction to learned Additional District and Sessions Judge for PCR cases, Madurai, Madurai District, to consider their bail application on the same day of surrender in Crime No.207 of 2025 on the file of the second respondent Police.

2.The learned counsel for the third respondent would however opposse to grant of such prayer.

3. Without expressing any opinion on merits, the following orders are passed:

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 2/5

Additional District and Sessions Judge for PCR cases, Madurai, Madurai District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.207 of 2025 registered for the offences under Section 296(b), 113, 115(2), 351(2) of BNS, 2023 and Section 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 to the victim under Section 15-A of the SC/ST (POA) Act, 1989. (ii) 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. The order of this Court will not affect the right of the defacto complainant to oppose the grant of bail to the petitioners.

4. This Criminal Original Petition is ordered accordingly. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Additional District and Sessions Judge for PCR cases, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Oomachikulam, Madurai, Madurai District.

3.The Inspector of Police, Silaiman Police Station, Madurai District.

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

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.14111 of 2025 11.09.2025 5/5