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Madras High CourtCRL OP(MD)/15502/2025ordered

Kannan @ Chinnakannan v. The State Of Tamil Nadu Rep.By Its

2025-09-17Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15502 of 2025 Kannan @ Chinnakannan ... Petitioner/Sole Accused vs.

The State of Tamil Nadu Rep. by its 1.The Deputy Superintendent of Police, Andipatti, Theni District.

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

(Crime No.208 of 2025) ... Respondents 1 & 2/Complainants 3.Rajeshwari ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Additional Sessions Judge cum Special Court for PCR Cases, Theni, Theni District to accept the surrender of the petitioner and to consider his bail application on the same day in accordance with law of his surrender in connection with Crime No.208 of 2025. For Petitioner : Mr.B.Jeyakumar For R-1 & R-2 : Mr.R.M.Anbunithi 1/6

Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Additional Sessions Judge cum Special Court for PCR Cases, Theni, Theni District to consider his bail application on the same day of surrender in Crime No. 208 of 2025 on the file of the second respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The learned Additional Public Prosecutor submits that none sustained injury in this case.

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 Sessions Judge cum Special Court for PCR Cases, Theni, Theni District, to consider the petitioner's bail 2/6

application on the same day of his surrender in connection with Crime No.208 of 2025 registered for the offences under Section 296(b) of BNS and Section 4 of TNPHW Act r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 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. 3/6

17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No CM 4/6

SUNDER MOHAN, J.

CM To 1.The Additional Sessions Judge cum Special Court for PCR Cases, Theni, Theni District 2..The Deputy Superintendent of Police, Andipatti, Theni District.

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

(Crime No.208 of 2025) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD).No.15502 of 2025 5/6

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