Madras High CourtCRL OP(MD)/16449/2025ordered

Vaithilingam v. The State Of Tamilnadu Rep. By

2025-09-26Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16449 of 2025 1.Vaithilingam 2.Vanaroja ... petitionerss/Accused Nos.1 & 2 Vs.

1.The State of Tamilnadu, represented by the Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No. 274 of 2025).

... Respondents 1 & 2/Complainants

3. Uma ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st Additional District Court for SC/ST (POA) Act Cases, Thanjavur to accept the surrender of the petitioners/accused's and consider their bail application on the same day on merits in relating to Crime No. 274 of 2025, dated 16.09.2025 on the file of the second respondent Police. 1/4

For petitionerss : Mr.Anandan.B For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seeks a direction to the learned 1st Additional District Court for SC/ST (POA) Act Cases, Thanjavur, to consider their bail application on the same day of surrender in Crime No.274 of 2025 on the file of the second respondent Police.

2. 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 1st Additional District Court for SC/ST (POA) Act Cases, Thanjavur, to consider the petitioners's bail application on the same day of their surrender in connection with Crime No.274 of 2025 registered for the offences under Section 296(b), 74, 79, 351(2) 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 2/4

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.

3. 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.

4. This Criminal Original Petition is ordered accordingly. 26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/4

SUNDER MOHAN, J.

Indu To 1.The 1st Additional District Court for SC/ST (POA) Act Cases, Thanjavur.

2.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

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

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