Sathish @ Sathishkumar v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14809 of 2025 Sathish @ Sathishkumar ... Petitioner/Accused No.2 Vs.
1.The State of Tamil Nadu, Represented by, The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.
2.The Inspector of Police, Pettai Police Station, Tirunelveli City.
(Crime No.235 of 2025) ... Respondents 1 & 2/Complainant 3.Lakshmi Narayanan ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned II Additional Sessions Court (PCR Court), Tirunelveli to accept the surrender of the petitioner in connection with Crime No.235 of 2025, pending investigation on the file of the 2nd respondent police and to consider his bail application on the same day of surrender. 1/5
For Petitioner : Mr.C.Venkatesh For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The petitioner seeks a direction to the learned II Additional Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner in connection with Crime No.235 of 2025, pending investigation on the file of the 2nd respondent police and to consider his bail application on the same day of surrender.
2. The learned counsel for the petitioner would submit that the injured has been discharged from the hospital.
3. The learned Additional Public Prosecutor confirms the aforesaid fact.
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 II Additional Sessions Judge (PCR Court), Tirunelveli to consider the petitioner's 2/5
bail application on the same day of his surrender in connection with Crime No. 235 of 2025 registered for the offences under Section 189(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023, Section 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. 09.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5
To 1.The II Additional Sessions Court (PCR Court), Tirunelveli.
2.The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.
3.The Inspector of Police, Pettai Police Station, Tirunelveli City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
Lm Crl.O.P(MD).No.14809 of 2025 09.09.2025 5/5