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Madras High CourtCRL OP(MD)/16546/2025ordered

Ashwin Kumar 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.16546 of 2025 Ashwin Kumar ... Petitioner/Sole Accused Vs.

1.The State of Tamilnadu, Represented by the Assistant Commissioner of Police, O/o. the Assistant Commissioner of Police, Sellur Division, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai District.

(Crime No.1068 of 2025).

... Respondents 1 & 2/Complainants 3.Sundaram ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for the exclusive Trial of SC and ST Act Cases, Madurai to consider the bail application of the petitioner on the same day on merits in Crime No.1068 of 2025 on the file of the respondent Police Station. For Petitioner : Mr.Mohamed Arif.A For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 : Mr.SM.Mohan Gandhi 1/4

ORDER

The petitioner seeks a direction to the Special Court for the exclusive Trial of SC and ST Act Cases, Madurai, to consider his bail application on the same day of his surrender in Crime No.1068 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 Special Court for the exclusive Trial of SC and ST Act Cases, Madurai, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.1068 of 2025 registered for the offences under Sections 3(1)(r), 3(1) (s) 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 petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. 2/4

3. 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.

4. This Criminal Original Petition is ordered accordingly. 26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Special Court for the exclusive Trial of SC and ST Act Cases, Madurai.

2.The Assistant Commissioner of Police, O/o. the Assistant Commissioner of Police, Sellur Division, Madurai.

3.The Inspector of Police, Sellur Police Station, Madurai District.

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

3/4

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16546 of 2025 26.09.2025 4/4