Madras High CourtCRL OP(MD)/14432/2025ordered

R.Gopal v. The State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police

2025-09-01Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14432 of 2025 R.Gopal ... Petitioner/Accused No.1 Vs.

1.The State of Tamil Nadu, Represented by, The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Samayanallur, Madurai District.

... 1st Respondent/Complainant 2.The State of Tamil Nadu, Represented by, The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.225/2025) ... 2nd Respondent/Complainant 3.N.Pitchi ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned 3rd Additional District Sessions Court for PCR Cases, Madurai to consider the bail application on the same day of the petitioner concerned in Crime No.225/2025 on the file of the Inspector of Police, Vadipatti Police Station, Madurai District /the 1st respondent herein. 1/5

For Petitioner : Mr.P.Saravanakumar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned 3rd Additional District Sessions Judge for PCR Cases, Madurai to consider his bail application on the same day of his surrender in Crime No.225 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 and there is a counter case filed by the petitioner against the defacto complainant.

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 3rd Additional District Sessions Judge for PCR Cases, Madurai to consider the petitioner's bail application on the same day of his surrender in connection with 2/5

Crime No.225 of 2025 registered for the offences under Section 296(b), 115(2), 118(1), 133, 351(3) of BNS, 2023, 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 petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

6. 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.

7. This Criminal Original Petition is ordered accordingly. 01.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.3rd Additional District Sessions Court for PCR Cases, Madurai.

2.The Deputy Superintendent of Police, The State of Tamil Nadu, O/o. Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, The State of Tamil Nadu, Vadipatti Police Station, Madurai 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.14432 of 2025 01.09.2025 5/5