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Madras High CourtCRL OP(MD)/16358/2025ordered

Rahuman @ Rahuman Khan v. The State Of Tamil Nadu

2025-09-25Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16358 of 2025 Rahman Khan ... Petitioner/Accused No.1 Vs.

1.The State of Tamil Nadu, represented by the Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

2.The Inspector of Police, Devadanapatti Police Station, Theni District.

Crime No.269 of 2025.

... Respondent Nos.1 & 2/Complainants 3.Jegatheeswaran

...Respondent No.3/

Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Judge for the Exclusive Trial of SC/ST Cases, Theni to consider the petitioner's bail application on his surrender in Crime No. 269 of 2025 on the file of the Respondent Police on the very same day. For Petitioner : Mr.Uthayasuriyan.M For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the learned Special Judge for the Exclusive Trial of SC/ST Cases, Theni, to consider his bail application on the same day of surrender in Crime No.269 of 2025 on the file of the second respondent Police.

2. The learned Additional Public Prosecutor, on instructions, would submit that 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 learned Special Judge for the Exclusive Trial of SC/ST Cases, Theni to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.269 of 2025 registered for the offences under Section 296(b), 127(2), 115(2), 118(1), 351(3) of BNS, 2023, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 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 of the offence, previous antecedent of 2/5

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. 25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Special Court for the Exclusive Trial of SC/ST Cases, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3.The Inspector of Police, Devadanapatti Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16358 of 2025 25.09.2025 5/5