Thangaraj @ Thangarasu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15838 of 2025 1.Thangaraj @ Thangarasu 2.Manokaran 3.Karuppu ... Petitioners/Accused Nos.6 to 8 Vs.
1.State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Samayanallur Sub-Division, Madurai District.
2.The Inspector of Police, Balamedu Police Station, Madurai District.
In Crime No.106 of 2025 ... 1st & 2nd Respondents/Complainant 3.Malaichamy ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned III Additional District and Sessions Judge, Special Court for SC/ST (POA)Act, Madurai to consider the petitioner's bail petition at the time of their surrender on the same day in Crime No.106 of 2025, pending investigation on the file of the 1st respondent police. 1/5
For Petitioners : Mr.M.Maran For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The petitioners seek a direction to the learned III Additional District and Sessions Judge, Special Court for SC/ST (POA)Act, Madurai to consider their bail application on the same day of surrender in Crime No.106 of 2025 pending investigation.
2. The learned counsel for the petitioners would submit that there is none injured in the occurrence.
3. The learned Additional Public Prosecutor confirms the aforesaid fact.
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 III Additional District and Sessions Judge, Special Court for SC/ST (POA)Act, Madurai to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.106 of 2025 registered for the offences 2/5
under Section 191(2), 296(b), 351(2) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(1)(w)(ii) and 3(1)(zc) 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 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.
5. 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.
6. This Criminal Original Petition is ordered accordingly. 22.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The III Additional District and Sessions Court, Special Court for SC/ST (POA)Act, Madurai.
3/5
2.The Deputy Superintendent of Police, Samayanallur Sub-Division, Madurai District.
3.The Inspector of Police, Balamedu Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
SUNDER MOHAN, J.
Lm Crl.O.P(MD).No.15838 of 2025 22.09.2025 5/5