Madras High CourtCRL OP(MD)/14465/2025ordered

Yogesh v. The State Of Tamilnadu, Rep. By Through Its The Deputy Superintendent Of Police,

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.14465 of 2025 Yogesh ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu, Represented through its, The Deputy Superintendent of Police, Andipatti Sub Division, Theni District.

2.The Inspector of Police, Mayiladumparai Police Station, Theni District.

(Crime No.59/2025) ... 1st & 2nd Respondents/Complainant 3.Rajapandi ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to accept the surrender of the petitioner before the learned Special Court for Trial of cases under SC/ST (POA) Act, Theni in connection with the Crime No.59 of 2025 on the file of the 2nd respondent police and consider the bail application filed by the petitioner on the same day.

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

ORDER

The petitioner seeks a direction to the learned Special Judge for Trial of cases under SC/ST (POA) Act, Theni to accept the surrender of the petitioner in connection with the Crime No.59 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 Trial of cases under SC/ST (POA) Act, Theni to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.59 of 2025 registered for the offences under Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, Section 115(2), 133, 191(2), 296(b) and 324(4) of BNS, 2023 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 2/4

the 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 Trial of cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Andipatti Sub Division, Theni District.

3.The Inspector of Police, Mayiladumparai 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.14465 of 2025 03.09.2025 4/4