Madras High CourtCRL OP(MD)/14580/2025ordered

Maheswari v. The State Of Tamil Nadu

2025-09-04Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14580 of 2025

1. Maheswari

2. Kasirajan @ Kashiraj ... Petitioners/Accused Nos.1 and 2 Vs.

1.The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Ottanchatram Sub Division, Dindigul District.

2.The Inspector of Police, Sempatti Police Station, Dindigul District.

Crime No. 306/2025.

... Respondents 1 & 2/Dejure Complainants

3. Murugan ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Trial of Cases registered under SC/ST Act, Dindigul to consider the bail application filed by the Petitioners and pass appropriate orders in the bail application on the same date of their surrender related to the case in Crime No.306 of 2025 on the file of the respondent No.2. 1/5

For Petitioners : Mr.R.Alagumani For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the Special Court for Trial of Cases registered under SC/ST Act, Dindigul, to consider their bail application on the same day of surrender in Crime No.306 of 2025 on the file of the second respondent Police.

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 Special Court for Trial of Cases registered under SC/ST Act, Dindigul to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.306 of 2025 registered for the offences under Section 296(b), 329(3), 351(2) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(1)(c), 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 petitioners and pass orders, after affording due opportunity to the victim 2/5

under Section 15-A of the SC/ST (POA) Act, 1989.

3. The petitioners 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. The petitioners shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

4. This Criminal Original Petition is ordered accordingly. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Special Court for Trial of Cases registered under SC/ST Act, Dindigul.

2.The Deputy Superintendent of Police, Ottanchatram Sub Division, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.14580 of 2025 04.09.2025 5/5