J.Saran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14896 of 2025 J.Saran ... Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Nilakottai Sub-Division, Viruveedu Police Station, Dindigul District.

Cr.No.97 of 2025.

2.The Inspector of Police, Viruveedu Police Station, Dindigul District.

Cr.No.97 of 2025.

... Respondents 1 & 2/Complainants

3. Seetha ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for trial of cases under SC/ST (POA) Act, Dindigul District to consider the petitioners bail application and dispose the same on the same day if the petitioner surrender before the Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Dindigul District in Crime No.97 of 2025 on the file of the second respondent Police. 1/5

For Petitioner : Mr.P.Vetrivel For R-1 & R-2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Dindigul District, to consider his bail application on the same day of surrender in Crime No.97 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 Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Dindigul District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.97 of 2025 registered for the offences under Section 115(2), 191(2), 191(3), 296(b), 353(3) of BNS, 2023 r/w. Section 3(1)(r), 3(1) (s), 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 2/5

the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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 3/5

To 1.The Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Dindigul District.

2.The Deputy Superintendent of Police, Nilakottai Sub-Division, Viruveedu Police Station, Dindigul District.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.14896 of 2025 10.09.2025 5/5