Madras High CourtCRL OP(MD)/14824/2025ordered

Gopinath v. The State Of Tamilnadu Rep. By

2025-09-09Honourable Mr Justice Sunder Mohan5 pages

kBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14824 of 2025 Gopinath ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu, represented by, The Assistant / Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

2.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

(Crime No.607 of 2025) ... Respondents 1 & 2/Complainant 3.Vignesh ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned II Additional Sessions Judge (PCR Court), Tirunelveli to consider the bail application of the petitioner on the same day of filing in Crime No.607 of 2025 on the file of the 2nd respondent Police Station. 1/5

For Petitioner : Mr.N.Jeyaran Sidharth 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 consider his bail application on the same day of filing in Crime No.607 of 2025 on the file of the 2nd respondent Police.

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 and submits that there are previous cases against the petitioner.

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 bail application on the same day of his surrender in connection with Crime No.607 of 2025 registered for the offences under Section 296(b), 115(2), 2/5

118(1), 351(3) of BNS, 2023, Section 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.

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 / Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

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.14824 of 2025 09.09.2025 5/5