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Madras High CourtCRL OP(MD)/14743/2025ordered

Muthu Suthan @ Sudhan 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.14743 of 2025 Muthu Suthan @ Sudhan ... Petitioner/A4 Vs.

1.State of Tamil nadu rep., by The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City.

Crime No.235 of 2025 3.Lakshmi Narayanan ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned II Additional District and Sessions Judge (PCR), Tirunelveli, to consider the bail petition of the petitioner on the same day on his surrender in connection with Crime No.235 of 2025 on the file of the second respondent police.

For Petitioner : Mr.C.Saravanakumar 1/5

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

ORDER

The petitioner seeks a direction to the learned II Additional District and Sessions Judge (PCR), Tirunelveli, to consider his bail application on the same day of his surrender in Crime No.235 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 II Additional District and Sessions Judge (PCR), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.235 of 2025 registered for the offences under Sections 189(2), 2/5

296(b), 115(2), 118(1), 351(3) of BNS, 2023, 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. II Additional District and Sessions Judge (PCR), Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

3.The Inspector of Police, Pettai Police Statioin, Tirunelveli City.

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

4/5

SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14743 of 2025 08.09.2025 5/5