Madras High CourtCRL OP(MD)/16685/2025ordered

Thavasirajan 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.16685 of 2025

1. Thavasirajan

2. Raja Shri ... Petitioners/Accused Nos.2 and 3 Vs.

1.The State of Tamilnadu, Represented by the Assistant Commissioner of Police, Thideer Nagar Division, Madurai District.

2.The Inspector of Police, Subramaniyapuram Police Station, Madurai City.

(Crime No.341 of 2025).

... Respondents 1 & 2/Complainants 3.Megalai ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Exclusive Trial of SC and ST Cases, Madurai, Madurai District to consider the bail application of the petitioner to be filed in Crime No.341 of 2025 on the file of the 2nd respondent police and to accept his surrender on the same day on merits.

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

ORDER

The petitioners seeks a direction to the Special Court for Exclusive Trial of SC and ST Cases, Madurai, Madurai District, to consider their bail application on the same day of surrender in Crime No.341 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 Exclusive Trial of SC and ST Cases, Madurai, Madurai District, to consider the petitioners's bail application on the same day of their surrender in connection with Crime No.341 of 2025 registered for the offences under Section 296(b), 125(2), 115(2), 109(1), 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) 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 Special Court for Exclusive Trial of SC and ST Cases, Madurai, Madurai District.

2.The Assistant Commissioner of Police, Thideer Nagar Division, Madurai District.

3.The Inspector of Police, Subramaniyapuram Police Station, Madurai City.

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

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