Madras High CourtCRL OP(MD)/15934/2025ordered

M.Muthukumar 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.15934 of 2025 1.M.Muthukumar 2.Rajalakshmi ... Petitioners/Accused No.1 & 2 Vs.

1.State of Tamil Nadu, Rep. by, The Deputy Superintendent of Police, Oddanchatram, 2.The Inspector of Police, Kallimandayam Police Station, (Crime No.158 of 2025) ... 1st & 2nd Respondents/Complainant 3.Selvakumar ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Hon'ble Special Court for SC/ST Act cases, Dindigul to consider the petitioners' bail application on the same day of their surrender in Crime No.158 of 2025 on the file of the 2nd respondent police. For Petitioners : Mr.S.R.Suresh Kumar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioners seek a direction to the learned Special Judge for SC/ST Act cases, Dindigul to consider their bail application on the same day of their surrender in Crime No.158 of 2025 on the file of the 2nd respondent police.

2. The learned counsel for the petitioners would submit that there was none injured in the occurrence and that there is no previous case against the petitioners.

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 Special Judge for SC/ST Act cases, Dindigul to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.158 of 2025 registered for the offences under Section 324(2), 351(2) of BNS, 2023 and Section 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment 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 2/5

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 Special Court for SC/ST Act cases, Dindigul.

2.The Deputy Superintendent of Police, Oddanchatram, 3/5

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.15934 of 2025 22.09.2025 5/5