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Madras High CourtCRL OP(MD)/15042/2025ordered

Palanisamy v. The Deputy Superintendent Of Police,

2025-09-11Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15042 of 2025 1.Palanisamy 2.Duraisamy 3.Tamilarasi 4.Ponnusamy 5.Alagammal ... Petitioners/Accused Nos. 1 to 5 Vs.

1.The Deputy Superintendent of Police, Manapparai, Trichy District.

2.State of represented by, The Inspector of Police, Thuvarankuruchi Police Station, Trichy District.

(Crime No.421 of 2025) ... Respondents 1 & 2/Complainants 3.Perumal ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.421 of 2025 dated 05.09.2025.

For Petitioners : M/s.S.Prabha 1/4

For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-3 : Mr.M.Pitchai Muthu

ORDER

The petitioners seek a direction to the learned Principal District and Sessions Judge (Special Court for PCR Cases), Trichy, to consider their bail application on the same day of surrender in Crime No.421 of 2025 on the file of the second respondent Police.

2. Mr.M.Pitchaimuthu, learned counsel, who takes notice for the third respondent, would oppose the relief sought for by the petitioners.

3. This Court is of the view that the third respondent may make his objections before the trial Court.

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 Principal District and Sessions Judge (Special Court for PCR Cases), Trichy, to 2/4

consider the petitioners' bail application on the same day of their surrender in connection with Crime No.421 of 2025 registered for the offences under Sections 191(2), 191(3), 296(b), 118(1), 133 & 351 (2) of BNS, 2023, and Sections 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 petitioners and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

5. The petitioners 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 petitioners 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. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS 3/4

SUNDER MOHAN, J.

LS To 1.The Principal District and Sessions Judge (Special Court for PCR Cases), Trichy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3. The Inspector of Police, Thuvarankuruchi Police Station, Trichy District.

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

Crl.O.P(MD).No.15042 of 2025 11.09.2025 4/4