Madras High CourtCRL OP(MD)/14712/2025ordered

Jaganathan 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.14712 of 2025 1.Jaganathan 2.Sakthi @ Sakthivel 3.Rani @ Indirani ... Petitioner/A1 to A3 Vs.

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

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

Crime No.217 of 2025 3.Suresh ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the District Special Sessions Court for SC/ST Act Cases, Dindigul District to consider the bail application to be filed by the petitioners on the same day of their surrender in Crime No.217 dated 30.08.2025 on the file of the second respondent.

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

ORDER

The petitioners seek a direction to the learned District Special Sessions Judge for SC/ST Act Cases, Dindigul District, to consider their bail application on the same day of their surrender in Crime No.217 of 2025 on the file of the second respondent Police.

2. The learned counsel for the petitioners 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 District Special Sessions Judge for SC/ST Act Cases, Dindigul District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.217 of 2025 registered for the offences under 2/5

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 petitioners and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

5. 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.

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

1. The District Special Sessions Court for SC/ST Act Cases, Dindigul District.

2.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

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

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

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SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14712 of 2025 08.09.2025 5/5