Madras High CourtCRL OP(MD)/14116/2025allowed

Sureshkanthan v. The State Of Tamilnadu Rep.By Its

2025-09-04Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14116 of 2025 Sureshkanthan ... Petitioner Vs

1. The State of Tamilnadu Rep.By the Deputy Superintendent of Police, Ambasamdram Taluk, Tirunelveli Distsrict.

2. The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli Distsrict.

Cr.No.341 of 2025.

3. Thangadurai ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned 2nd Additional District and Session Judge and Special Court for PCR Act Cases, Tirunelveli District to consider the bail application on the same day of the petitioner concerned in Crime No.341/2025 on the file of the second respondent.

For Petitioner : Mr.S.Sathyachidambaram 1/4

For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

The petitioner seeks a direction to the learned 2nd Additional District and Session Judge and Special Court for PCR Act Cases, Tirunelveli District to consider his bail application on the same day of his surrender in Crime No.341 of 2025 on the file of the second respondent Police.

2. 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 2nd Additional District and Session Judge and Special Court for PCR Act Cases, Tirunelveli District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.341 of 2025 registered for the offences under Sections 296(b), 131, 351(3) of BNS, 2023, Sections 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. 2/4

3. 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.

4. This Criminal Original Petition is ordered accordingly. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No apd To 1.The 2nd Additional District and Session Judge and Special Court for PCR Act Cases, Tirunelveli District 2.The Deputy Superintendent of Police, Ambasamdram Taluk, Tirunelveli Distsrict.

3. The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli Distsrict.

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

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SUNDER MOHAN, J.

apd Crl.O.P(MD).No.14116 of 2025 04.09.2025 4/4