Madras High CourtCRL OP(MD)/15345/2025ordered

Vanajamary v. The State Of Tamil Nadu Rep.By

2025-09-16Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15345 of 2025 1.Vanajamary 2.David 3.Jerin Lincy Renitta ... Petitioners Vs.

1.The State of Tamilnadu Rep. by The Assistant Commissioner of Police, Melapalayam Sub Division, Tirunelveli City.

2.The State of Tamilnadu Rep by The Inspector of Police, Palayamkottai, Tirunelveli City.

(Crime No.188 of 2025) 3.Manjula ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District, to consider the bail application of the petitioners on the same day of their surrender in Crime No.188 of 2025 on the file of the respondents 1 and 2.

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For Petitioners : Mr.N.Pragalathan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District, to consider their bail application on the same day of surrender in Crime No.188 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 learned Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.188 of 2025 registered for the offences under Sections 296(b), 351(2) of BNS Act and Sections 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 disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioners and pass orders, after affording due 2/4

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

3. 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.

4. This Criminal Original Petition is ordered accordingly. 16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To 1.The Sessions Judge, Special Court for SC/ST (POA) Act, Tirunelveli, Tirunelveli District.

2.The Assistant Commissioner of Police, Melapalayam Sub Division, Tirunelveli City.

3.The Inspector of Police, Palayamkottai, Tirunelveli City.

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

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SUNDER MOHAN, J.

cp Crl.O.P(MD).No.15345 of 2025 16.09.2025 4/4