Madras High CourtCRL OP(MD)/14904/2025ordered

Ramasamy @ Kandha v. The State Of Tamil Nadu

2025-09-10Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14904 of 2025 Ramasamy @ Kandha ... Petitioner/Accused No.6 Vs.

1.The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City.

Cr.No.235/2025.

... Respondents 1 & 2/Complainants 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 District and Sessions Judge (PCR), Tirunelveli, to consider the bail petition of the petitioner on the same day on his surrender in connection with the Cr.No.235 of 2025 on the file of the 2nd respondent police.

For Petitioner : Mr.C.Saravanakumar For R-1 & R-2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the learned II Additional District and Sessions Judge (PCR), Tirunelveli, to consider his bail application on the same day of surrender in Crime No.235 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 learned II Additional District and Sessions Judge (PCR), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.235 of 2025 registered for the offences under Sections 189(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 r/w. Section 3(1)(r), 3(1)(s), 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. 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. 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The II Additional District and Sessions Court (PCR), 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.

3/4

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.14904 of 2025 10.09.2025 4/4