Madras High CourtCRL OP(MD)/16629/2025ordered

Pazhaselvam @ Selvam v. The State Of Tamil Nadu

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.16629 of 2025 Pazhaselvam @ Selvam ... Petitioner/Accused No.4 Vs.

1.The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Alangulam, Tenkasi District.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

Cr.No.343/2025.

... Respondents 1 & 2/Complainants 3.Marimuthu @ Thavidan ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Principal District and Sessions (PCR) Court, Tenkasi to consider the bail application of the petitioner on the same day of his surrender before the Court in connection with Cr.No.343 of 2025 on the file of the respondent Police.

For Petitioner : Mr.A.Arputharaj For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the Principal District and Sessions (PCR) Court, Tenkasi, to consider his bail application on the same day of surrender in Crime No.343 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 Principal District and Sessions (PCR) Court, Tenkasi, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.343 of 2025 registered for the offences under Sections 191(2), 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 and Section 3(1)(r), 3(1)(s), 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 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 Principal District and Sessions (PCR) Court, Tenkasi. 2.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.The Inspector of Police, Kadayam Police Station, Tenkasi District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16629 of 2025 26.09.2025 4/4