Madras High CourtCRL OP(MD)/14752/2025ordered

P.Mariselvam 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.14752 of 2025 1.P.Mariselvam 2.S.Muthukumar ... Petitioners/Accused Rank not given Vs.

1.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Srivilliputhur.

2.The State of Tamil Nadu, rep., by the Inspector of Police, Nathampatti Police Station, Virudhunagar District.

Crime No.118 of 2025 3.Mahalingam ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the District and Sessions Court (PCR Court), Srivilliputhur, to consider the bail application of the petitioners on same day of their surrender in Crime No.118 of 2025 on the file of the respondent police for the alleged offences under Section 191(2), 191(3), 296(b)(, 115(2), 118(1), 351(2) of BNS and (corresponding IPC offence u/s.147, 148, 294(b), 320, 324 and 506(2) Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989. 1/5

For Petitioners : Mr.K.Porkodi for M/s.Polax Legal Solutions For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned District and Sessions Judge (PCR Court), Srivilliputhur, to consider their bail applications on the same day of their surrender in Crime No.118 of 2025 on the file of the 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 and Sessions Court (PCR Court), Srivilliputhur, to consider the petitioners' bail applications on the same day of their surrender in connection with Crime No.118 of 2025 registered for the offences under Sections 191(2), 2/5

191(3), 296(b), 115(2), 118(1), 351(2) of BNS and Section 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (POA) 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 15A 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

To 1.The District and Sessions Court (PCR Court), Srivilliputhur. 2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Srivilliputhur.

3.The Inspector of Police, Nathampatti Police Station, Virudhunagar 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.14752 of 2025 08.09.2025 5/5