Madras High CourtCRL OP(MD)/14659/2025ordered

Kartheeshwari 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.14659 of 2025 Kartheeshwari ... Petitioner/A2 Vs.

1.The State of Tamil nadu, rep., by The Deputy Superintendent of Police, Bodinayakkanur Rural Police Station, Theni District.

2.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

Crime No.253 of 2025 3.Yogalakshmi ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST(POA) At, Theni, to consider the bail application of the petitioner/accused 2 relating to the case in Crime No.253 of 2025 on the file of the second respondent.

For Petitioner : Mr.S.G.L.Rishwanth For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioners seek a direction to the learned Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) At, Theni, to consider her bail application on the same day of her surrender in Crime No.253 of 2025 on the file of the second respondent Police.

2. There are totally two accused in this case. The petitioner is the mother of the first accused, who was arrested and remanded to judicial custody on 25.07.2025.

3. 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 Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) At, Theni, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.253 of 2025 registered for the offences under Sections 318(2), 64, 88, 296(b), 115(2), 351(2) of BNS, 2023, Section 4 of TNPHW Act, 2002 and Sections 3(1)(r), 3(1)(s), 3(2)(v) 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 2/5

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.

4. 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.

5. 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 Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) At, Theni.

2.The Deputy Superintendent of Police, Bodinayakkanur Rural Police Station, Theni District.

3.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

SUNDER MOHAN, J.

Rmk Crl.O.P(MD).No.14659 of 2025 08.09.2025 5/5