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Madras High CourtCRL OP(MD)/15283/2025ordered

Vellaisamy v. The State Of Tamil Nadu

2025-09-15Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15283 of 2025 Vellaisamy ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu, Rep by The Deputy Superintendent of Police, Illupur, Pudukkottai.

2.The Inspector of Police, Illupur Police Station, Pudukkottai District.

Cr.No.205 of 2025.

... Respondents 1 & 2/Complainants 3.Indhira ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal Sessions Judge, (Special Court for PCR Cases), Pudukkottai District, to consider the bail application filed by the petitioner on the same day of surrender in Crime No.205 of 2025 on the file of the 2nd respondent Police.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the learned Principal Sessions Judge, (Special Court for PCR Cases), Pudukkottai District, to consider his bail application on the same day of surrender in Crime No.205 of 2025 on the file of the second respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that the injured person has been discharged from the hospital and one previous case is pending against th petitioner.

3. 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 Sessions Judge, (Special Court for PCR Cases), Pudukkottai District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.205 of 2025 registered for the offences under Section 296(b), 118(1) of BNS, 2023 and Section 3(1)(r), 3(1)(s) and 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 2/5

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.

4. 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.

5. This Criminal Original Petition is ordered accordingly. 15.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Principal Sessions Court, (Special Court for PCR Cases), Pudukkottai District.

2.The Deputy Superintendent of Police, Illupur, Pudukkottai.

3.The Inspector of Police, Illupur Police Station, Pudukkottai District.

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

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.15283 of 2025 15.09.2025 5/5