Periyadurai v. The Deputy Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14189 of 2025

1. Periyadurai

2. Sundarganesh ... Petitioners/Accused Nos.1 and 2 Vs.

1.The Deputy Superintendent of Police, Sangarakovil Sub Division, Tenkasi District.

2.The State of Tamilnadu, Rep.By The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

Crime No.366 of 2025.

...Respondent Nos.1 & 2/Complainants

3. S.R.S.Suresh

...Respondent No.3/Defacto

Complainant

4. Murugesh Kumar

...Respondent No.4/Victim

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned District and Sessions Court Cum PCR Court, Tenkasi District, to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.366 of 2025, dated 16.08.2025.

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For Petitioners : Mr.V.Navaneetha Krishnan For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R3 & R4 : M/s.S.Meena

ORDER

The petitioners seek a direction to District and Sessions Court Cum PCR Court, Tenkasi District, to consider their bail application on the same day of surrender in Crime No.366 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 District and Sessions Court Cum PCR Court, Tenkasi District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.366 of 2025 registered for the offences under Section 296(b), 2/5

126(2), 115(2), 118(1), 351(3) of BNS, 2023 altered into Section 296(b), 126(2), 127(2), 115(2), 118(1), 131 and 351(3) of BNS, 2023 r/w. 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 District and Sessions Court Cum PCR Court, Tenkasi District.

2.The Deputy Superintendent of Police, Sangarakovil Sub Division, Tenkasi District.

3.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi 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.14189 of 2025 11.09.2025 5/5