← Library
Madras High CourtCRL OP(MD)/15086/2025ordered

Rajendran v. The State Of Tamil Nadu

2025-09-12Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15086 of 2025 1.Rajendran 2.Vinoth @ Vinothkumar ... Petitioners/A1 & A2 Vs.

1.State of Tamil Nadu, represented by, The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

2.State of Tamil Nadu, The Inspector of Police, Samayanallur Police Station, Madurai District.

Crime No.139 of 2025.

... 1st & 2nd Respondents 3.Arjun ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned 3rd Additional District and Sessions Judge, for PCR Cases, Madurai District to consider the bail application for the petitioners on the same day in the event of surrender by the petitioners and seek bail in Crime No.139 of 2025 on the file of the second respondent. 1/5

For Petitioners : Mr.B.Vinoth Kumar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned 3rd Additional District and Sessions Judge for PCR Cases, Madurai District to consider their bail application on the same day of surrender in Crime No.139 of 2025 on the file of the second respondent Police.

2. The learned counsel for the petitioners would submit that the injured has been discharged from the hospital and there is a counter case filed by the petitioners against the complainant.

3. The learned Additional Public Prosecutor confirms the aforesaid facts.

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 3rd Additional District and Sessions Judge for PCR Cases, Madurai District, to consider the petitioners' bail application on the same day of their surrender in 2/5

connection with Crime No.139 of 2025 registered for the offences under Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, Section 115(2) and 296(b) of BNS, 2023 and 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. 12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The 3rd Additional District and Sessions Judge, for PCR Cases, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.15086 of 2025 12.09.2025 5/5