Madras High CourtCRL OP(MD)/14663/2025ordered

Saravanan @ Saravanakumar 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.14663 of 2025 1.Saravanan 2.Janaki ... Petitioners/A1 & A2 Vs.

1.The Deputy Superintendent of Police, Periyakulam Division, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

Crime No.228 of 2025 3.Chinnarasu ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) At, Theni to accept the surrender of the petitioners in Crime No. 228 of 2025 on the file of the second respondent police and to consider the bail application on the same day.

For Petitioners : Mr.A.K.Manikkam For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioners seek a direction to the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) At, Theni, to consider their bail application on the same day of their surrender in Crime No.228 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 Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) At, Theni, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.228 of 2025 registered for the offences under Section 296(b) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) 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 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. 08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk To 1.The Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) At, Theni 2.The Deputy Superintendent of Police, Periyakulam Division, Theni District.

3.The Inspector of Police, Periyakulam Police Station, Theni District.

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

SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14663 of 2025 08.09.2025 4/4