Madras High CourtCRL OP(MD)/15566/2025ordered

Thirumalaisamy v. The State Of Tamil Nadu

2025-09-18Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P(MD) No.15566 of 2025 Thirumalaisamy ... Petitioner/Accused Rank Not Known Vs.

1.State of Tamil Nadu, represented through, The Deputy Superintendent of Police, Puliyankudi Division, Tenkasi District.

2.State of Tamil Nadu, represented by, The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

(Crime No.449 of 2025) ... Respondents 1 & 2/Complainants 3.Vignesh ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for SC/ST Act Cases (PCR Court), Tenkasi, to accept the surrender of the petitioner in connection with Crime No.449 of 2025, pending investigation on the file of the second respondent Polic and to consider their bail application on the same day of surrender. 1/5

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

ORDER

The petitioner seeks a direction to the learned Special Court for SC/ST Act Cases (PCR Court), Tenkasi, to consider his bail application on the same day of surrender in Crime No.449 of 2025 on the file of the second respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that injured has been discharged from the hospital.

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 Special Court for SC/ST Act Cases (PCR Court), Tenkasi, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.449 of 2025 registered for the offences under Sections 191(2), 296(b), 118(1), 351(3) of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in 2/5

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. 18.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Special Court for SC/ST Act Cases (PCR Court), Tenkasi.

2.The Deputy Superintendent of Police, Puliyankudi Division, Tenkasi District.

3.The Inspector of Police, Kadayanallur Police Station, Tenkasi 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.15566 of 2025 18.09.2025 5/5