Inbaraja @ Enbaraja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15968 of 2025

1. Inbaraja @ Enbaraja

2. Naveenkumar ... Petitioners/Accused Nos.1 and 3 Vs.

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

2.The Inspector of Police, Thiruppalai Police Station, Madurai District.

Crime No.623 of 2025 ... Respondents 1 & 2/Complainants 3.Jayapandiyan ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to permit the petitioners to surrender before the Special Court for Exclusive Trial of Cases under SC/ST(PoA) Act, 1989 / Sessions Judge (FAC), Madurai in Cr.No.623 of 2025 on the file of the 2nd respondent Police. For Petitioners : Mr.M.Keerthi Prasanna For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioners seek a direction to the Special Court for Exclusive Trial of Cases under SC/ST(PoA) Act, 1989 / Sessions Judge (FAC), Madurai, to consider their bail application on the same day of surrender in Crime No.623 of 2025 on the file of the second respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that it is a case and counter case and the 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 Special Court for Exclusive Trial of Cases under SC/ST(PoA) Act, 1989 / Sessions Judge (FAC), Madurai, to consider the petitioners' bail application on the same day of his surrender in connection with Crime No.623 of 2025 registered for the offences under Section 296(b), 115(2), 126(2), 351(3) of BNS, 2023 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 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 2/5

of the offence, previous antecedent of the petitioners and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

4. 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. If the third respondent is opposed to the grant of bail to the petitioner, he is at liberty to raise such objection before the concerned Trial Court.

5. This Criminal Original Petition is ordered accordingly. 23.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Special Court for Exclusive Trial of Cases under SC/ST(PoA) Act, 1989 / Sessions Judge (FAC), Madurai. 2.The Deputy Superintendent of Police, Madurai District.

3.The Inspector of Police, Thiruppalai Police Station, Madurai 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.15968 of 2025 23.09.2025 5/5