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Madras High CourtCRL OP(MD)/14735/2025ordered

Vijay @ Vijayakumar v. The State Of Tamil Nadu

2025-09-08Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14735 of 2025 Vijay @ Vijayakumar ... Petitioner/A4 Vs.

1.State of Tamil nadu rep., by The Deputy Superintendent of Police, Oddanchathiram Division, Dindigul District.

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

Crime No.421 of 2025 3.Perumal ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, to consider his bail application on the same day of his surrender in respect of Crime No.421 of 2025 on the file of the second respondent, pending investigation.

For Petitioner : Mr.D.Venkatesh 1/5

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

ORDER

The petitioner seeks a direction to the learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, to consider his bail application on the same day of his surrender in Crime No.421 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 Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.421 of 2025 registered for the offences 2/5

under Sections 296(b), 115(2) of BNS, 2023 and 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.

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

6. This Criminal Original Petition is ordered accordingly. 08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk 3/5

To

1. The Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul.

2.The Deputy Superintendent of Police, Oddanchathiram Division, Dindigul District.

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

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

4/5

SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14735 of 2025 08.09.2025 5/5