Pandi @ Pandidurai v. The Deputy Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14434 of 2025 Pandi @ Pandidurai ... Petitioner Vs

1. The Deputy Superintendent of Police, Orathanadu,

2. The State of Tamilnadu, Rep., by the Inspector of Police, Thiruvonam Police Station, (In Crime No.142 of 2024).

3. Vemprakash ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the Additional District and Sessions Judge, Special Court for SC/ST (POA) Act, Thanjavur to consider the petitioner bail application on merits on the date of surrender on the same day in Crime No.142 of 2025 on the file of the second respondent police.

For Petitioner : Mr. R.Alagia Nambi For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the learned Additional District and Sessions Judge, Special Court for SC/ST (POA) Act, Thanjavur to consider his bail application on the same day of his surrender in Crime No.142 of 2025 on the file of the second respondent Police.

2. The learned counsel for the petitioner would submit that the injured has been discharged from the hospital.

3. The learned Additional Public Prosecutor confirms the aforesaid facts.

4. 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 Additional District and Sessions Judge, Special Court for SC/ST (POA) Act, Thanjavur to consider the petitioner's bail application on the same day of his surrender in connection with Crime No. 142 of 2025 registered for the offences under Sections191(2), 191(3), 126(2), 118(1) of BNS, 2023, Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass 2/4

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.

5. 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.

6. This Criminal Original Petition is ordered accordingly. 02.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No apd To 1.The Additional District and Sessions Judge, Special Court for SC/ST (POA) Act, Thanjavur

2. The Deputy Superintendent of Police, Orathanadu, 3/4

SUNDER MOHAN, J.

apd

3. The Inspector of Police, Thiruvonam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD).No.14434 of 2025 02.09.2025 4/4