Madras High CourtCRL OP(MD)/14959/2025ordered

Sundarapandi v. The State Of Tamil Nadu,

2025-09-11Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14959 of 2025 Sundarapandi ... Petitioner/Accused (Rank not known) Vs.

1.State of represented by, The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

2.The Inspector of Police, Kadupatti Police Station, Trichy District.

(Crime No.65 of 2025) ... Respondents 1 & 2/Complainants 3.Vairamuthu ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the III Additional District and Sessions Court (PCR), Madurai to accept the surrender of the petitioner and consider the bail application on merits on the date of his surrender in Crime No.65 of 2025 on the file of the second respondent Police on the very same day. 1/4

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

ORDER

The petitioner seeks a direction to the III Additional District and Sessions Court (PCR), Madurai, to consider his bail application on the same day of surrender in Crime No.65 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 III Additional District and Sessions Court (PCR), Madurai, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.287 of 2025 registered for the offences under Section 191(2), 191(3), 296(b), 115(2), 118(1) & 351 (2) of BNS, 2023, r/w Sections 3(1)(r), 3(1)(s) and 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. 2/4

3. 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.

4. This Criminal Original Petition is ordered accordingly. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS To 1.The III Additional District and Sessions Court (PCR), Madurai

2. The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

3.The Inspector of Police, Kadupatti Police Station, Trichy District.

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

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SUNDER MOHAN, J.

LS Crl.O.P(MD).No.14959 of 2025 11.09.2025 4/4