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Madras High CourtCRL OP(MD)/15482/2025ordered

Ayyapillai v. The State Of Tamil Nadu Rep.By

2025-09-17Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15482 of 2025 Ayyapillai ... Petitioner/Accused No.1 vs.

1. State of Tamil Nadu The Deputy Superintendent of Police, Rural Sub-Division, Thoothukudi, Thoothukudi District.

2. The Inspector of Police, Puthukotai Police Station, Thoothukudi, Thoothukudi District.

(Crime No.404 of 2025) ... Respondents 1 & 2/Complainants 3.Lekshmana Sathyaraj ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to direct the learned Special Court (PCR Court Wing), Thoothukudi, Thoothukudi District, to accept the surrender of the petitioner and consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.404 of 2025. For Petitioner : Mr.KA.Raamakrishnan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the Special Court (PCR Court Wing), Thoothukudi, Thoothukudi District, to consider his bail application on the same day of surrender in Crime No.404 of 2025 on the file of the second respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The learned Additional Public Prosecutor would submit that injured was discharged from the hospital.

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 Special Court (PCR Court Wing), Thoothukudi, Thoothukudi District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.404 of 2025 registered for the offences under Sections 49, 126(2), 115(2), 118(1), 351(3) of BNS and 3(1)(r), 3(1)(s) 2/5

and 3(2)(va) of SC/ST 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 petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

5. 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.

6. This Criminal Original Petition is ordered accordingly. 17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No 3/5

CM 4/5

SUNDER MOHAN, J.

CM To 1.The Special Court (PCR Court Wing), Thoothukudi, Thoothukudi District, 2.The Deputy Superintendent of Police, Rural Sub-Division,Thoothukudi, Thoothukudi District.

3. The Inspector of Police, Puthukotai Police Station, Thoothukudi, Thoothukudi District.

(Crime No.404 of 2025) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD).No.15482 of 2025 17.09.2025 5/5