Surendar @ Surenthar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14433 of 2025 Surendar @ Surenthar ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by Deputy Superintendent of Police, Tiruchendur Sub Division, Thoothukudi District.

2. The State of Tamil Nadu, Rep. by the Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

Crime No.175/2025.

3. Prakash ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, To direct the learned Special Court for SC/ST Act cases, (PCR Court), Thoothukudi to accept the surrender of the petitioner in connection with Crime No.175/2025 pending investigation on the file of the second respondent police and to consider their bail application on the same day of surrender. 1/5

For petitioner : Mr. S.Vishnuvardhan For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 & R2

ORDER

The petitioner seeks a direction to the learned Special Judge for SC/ST Act cases, (PCR Court), Thoothukudi to consider his bail application on the same day of his surrender in Crime No.175 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 Special Judge for SC/ST Act cases, (PCR Court), Thoothukudi to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.175 of 2025 registered for the offences under Sections 296(b), 2/5

115(2), 351(2) of BNS, 2023 and later, altered to Sections 296(b), 115(2), 351(2) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 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.

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 3/5

To

1. The Special Judge for SC/ST Act cases, (PCR Court), Thoothukudi 2.The Deputy Superintendent of Police, Tiruchendur Sub Division, Thoothukudi District.

3. The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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.14433 of 2025 02.09.2025 5/5