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Madras High CourtCRL OP(MD)/17129/2025ordered

Raj @ Ramalingam v. The State Of Tamil Nadu, Rep. By The Deputy Superintendent Of Police,

2025-10-13Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Raj @ Ramalingam

2. Magesh ... Petitioners Vs

1. The State of Tamil Nadu, Rep,. by the Deputy Superintendent of Police, Tiruchendur Sub Division, Thoothukudi District.

2.The State of Tamilnadu, Rep, by the Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

Crime No.175/2025.

3. Prakash ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Judge for SC/ST Act Cases (PCR Court), Thoothukudi, to accept the surrender of the petitioners in connection with Crime No.175 of 2025 pending investigation on the file of the second respondent police and to consider their bail application on the same of surrender.

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For Petitioners : Mr.S.Vishnuvardhan For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Special Judge for SC/ST Act Cases (PCR Court), Thoothukudi, to consider their bail application on the same day of surrender in Crime No.175 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 Special Judge for SC/ST Act Cases (PCR Court), Thoothukudi, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.175 of 2025 registered for the offences under Section 296(b), 115(2), 351(2) of BNS @ 296(b), 115(2), 351(2) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and pass appropriate orders in accordance with law. It is needless to say that the Court below 2/4

while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioners and pass orders, after affording due opportunity of hearing 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. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp .

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SUNDER MOHAN,J CP To 1.The Special Judge for SC/ST Act Cases (PCR Court), Thoothukudi.

2. The Deputy Superintendent of Police, Tiruchendur Sub Division, Thoothukudi District.

3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.17129 of 2025 Date : 13/10/2025 4/4