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Madras High CourtCRL OP(MD)/15235/2025ordered

Sakthisaravanan 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.15235 of 2025 Sakthisaravanan ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu, Rep. by Its, the Deputy Superintendent of Police, Thanjavur District.

2.The State of Tamil Nadu, Rep. by Its, the Inspector of Police, Tamil University Police Station, Thanjavur District.

Crime No.419 of 2025.

... Respondents 1 & 2/Complainants 3.Ganesh ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned PCR Court, Thanjavur and Sessions Court,Special Court for SC/ST(POA)Act 1989,(PCR Unit), Thanjavur to consider the Bail application of the Petitioner on the same date of his surrener in Cr.No.419 of 2025 dated 05.09.2025 on the file of the second respondent Police and dispose the same on its merits in accordance with law. 1/5

For Petitioner : Mr.R.Maheswaran For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the Sessions Court,Special Court for SC/ST(POA)Act 1989,(PCR Unit), Thanjavur , to consider his bail application on the same day of surrender in Crime No.419 of 2025 on the file of the second respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that there is no injured person in this case.

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 Sessions Court, Special Court for SC/ST(POA)Act 1989,(PCR Unit), Thanjavur to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.419 of 2025 registered for the offences under Section 296(b), 351(3) 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 2/5

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.

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 Sessions Court,Special Court for SC/ST(POA)Act 1989, (PCR Unit), Thanjavur.

2.The Deputy Superintendent of Police, Thanjavur District.

3.The Inspector of Police, Tamil University Police Station, Thanjavur 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.15235 of 2025 15.09.2025 5/5