Madras High CourtCRL OP(MD)/14469/2025ordered

Babu @ Suhinababu v. The State Of Tamil Nadu,

2025-09-03Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14469 of 2025 Babu @ Suhinbabu ... Petitioner/Accused No.3 Vs.

1.State of Tamil Nadu, Represented by, The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur Sub Division, Theni District.

2.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

(Crime No.335/2025) ... 1st & 2nd Respondents/Complainant 3.Kumaresan ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS @ 482 of Criminal Procedure Code, to accept the surrender of the petitioner before the Special Court for S.C/S.T. (Prevention of Atrocities) Act, Theni in connection with the Crime No.335 of 2025 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day. 1/4

For Petitioner : Mr.K.M.Karunakaran For R-1 & R-2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Special Judge for S.C/S.T. (Prevention of Atrocities) Act, Theni to accept the surrender of the petitioner in connection with the Crime No.335 of 2025 on the file of the second respondent police and consider his bail application on the same day.

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 Special Judge for S.C/S.T. (Prevention of Atrocities) Act, Theni to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.335 of 2025 registered for the offences under Section 324(4), 296(b), 351(2) of BNS, 2023 and Section 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 2/4

petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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.

4. This Criminal Original Petition is ordered accordingly. 03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Special Court for S.C/S.T. (Prevention of Atrocities) Act, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur Sub Division, Theni District.

3.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14469 of 2025 03.09.2025 4/4