Nisha @ Nishanthan v. The State Of Tamil Nadu

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

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Nisha @ Nishanthan ... Petitioner Vs 1.The Deputy Superintendent of Police, Samayanallur Division, Madurai District.

2. The State Rep by, The Inspector of Police,, Sholavandan Police Station, Madurai District.

Crime No. 212 of 2025.

3. Muthu ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the III Additional District Session Judge (PCR), Madurai, to consider and dispose of the petitioner's Bail Application on merits on the same day of surrender in connection with Crime No. 212 of 2025 on the file of the Inspector of Police, Sholavandan Police Station, Madurai District.

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For Petitioner : Mr.K.Mahendran For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned III Additional District Session Judge (PCR), Madurai, to consider his bail application on the same day of surrender in Crime No.212 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 III Additional District Session Judge (PCR), Madurai, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.212 of 2025 registered for the offences under Sections 296(b), 115(1), 118(1) and 351(2) of BNS and Section 4 of TNPWH r/w Sections 3(1)(r), 3(1)(s) and 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 2/4

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.

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. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To 1.The III Additional District Session Judge (PCR), Madurai. 3/4

SUNDER MOHAN,J CP 2.The Deputy Superintendent of Police, Samayanallur Division, Madurai District.

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

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

ORDER

IN CRL OP(MD) No.17373 of 2025 Date : 13/10/2025 4/4