Madras High CourtCRL OP(MD)/14673/2025ordered

Balakrishnan v. The State Of Tamil Nadu

2025-09-08Honourable Mr Justice Sunder Mohan4 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.14673 of 2025 Balakrishnan ... Petitioner/Accused Vs.

1.The State of Tamil nadu, rep., through The Superintendent of Police, Thanjavur District.

2.The State of Tamil Nadu rep., through The Special Sub Inspector of Police, Budalur Police Station, Thanjavur District.

Crime No.146 of 2025 3.Kathaiyyan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned I Additional District Court (PCR), Thanjavur District, to consider the bail application of the petitioner on the same day of surrender in Crime No.146 of 2025 on the file of the second respondent police station. For Petitioner : Ms.M.Janani Priya For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the learned I Additional District Judge (PCR Court), Thanjavur District, to consider his bail application on the same day of his surrender in Crime No.146 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 learned I Additional District Judge (PCR Court), Thanjavur District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.146 of 2025 registered for the offences under Sections 296(b), 133, 115(2) of BNS, 2023 and Sections 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.

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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. 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.

4. This Criminal Original Petition is ordered accordingly. 08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk To

1. I Additional District Judge (PCR Court), Thanjavur District. 2.The Superintendent of Police, Thanjavur District.

3.The Special Sub Inspector of Police, Budalur Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14673 of 2025 08.09.2025 4/4