Madras High CourtCRL OP(MD)/16527/2025ordered

Muthupandi 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.16527 of 2025

1. Muthupandi

2. Murugan

3. Sivakumar

4. Dhayanithi ... Petitioners/Accused Rank Not Known Vs.

1.The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District.

Cr.No.72 of 2025.

... Respondents 1 & 2/Complainants 3.Muthumani ...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 Cases registered under the SC/ST (PoA) Act, Ramanathapuram to consider the bail application of the petitioners on the same day of their surrender itself in Cr.No.72 of 2025 on the 1/4

file of the second respondent.

For petitioners : Mr.CN.Tamizharasan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seeks a direction to the Special Court for the Exclusive Trial of Cases registered under the SC/ST (PoA) Act, Ramanathapuram, to consider their bail application on the same day of their surrender in Crime No. 72 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 Cases registered under the SC/ST (PoA) Act, Ramanathapuram, to consider the petitioners's bail application on the same day of their surrender in connection with Crime No.72 of 2025 registered for the offences under Sections 296(b) and 125 of BNS, 2023 and Section 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 2/4

the bail petition shall consider the gravity of the 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.

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 Special Court for the Exclusive Trial of Cases under the SC/ST (PoA) Act, Ramanathapuram.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District.

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

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