Madras High CourtCRL OP(MD)/15811/2025ordered

Saratha v. The State Of Tamil Nadu

2025-09-22Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15811 of 2025 Saratha ... Petitioner/Accused No.2 Vs.

1.The State represented by, The Deputy Superintendent of Police, Aranthangi Sub-Division, 2.The Inspector of Police, Gandharvakottai Police Station, (Crime No.213/2025) ... 1st & 2nd Respondents/Complainant 3.Veeramani ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Principal District and Sessions Court (PCR), Pudukkottai to accept the surrender of the petitioner and consider the bail application on merits on the date of her surrender in Crime No.213 of 2025 on the file of the 2nd Respondent Police on the very same day.

For Petitioner : Mr.M.Pitchai Muthu For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the learned Principal District and Sessions Judge (PCR), Pudukkottai District to accept the surrender of the petitioner and consider her bail application on the same day of surrender in Crime No.213 of 2025 on the file of the second respondent Police.

2. The learned counsel for the petitioner would submit that the injured has been discharged from the hospital and there is no previous case against the petitioner.

3. The learned Additional Public Prosecutor confirms the aforesaid facts.

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 learned Principal District and Sessions Judge (PCR), Pudukkottai District to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.213 of 2025 registered for the offences under Section 296(b), 115(2), 118(1), 351(2) BNS, 2023, Section 3(1)(r) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance 2/5

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. 22.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Principal District and Sessions Court (PCR), Pudukkottai.

2. The Deputy Superintendent of Police, Aranthangi Sub-Division, 3/5

3.The Inspector of Police, Gandharvakottai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.15811 of 2025 22.09.2025 5/5