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Madras High CourtCRL OP(MD)/16971/2025ordered

Chellapandiyammal @ Pandiyammal v. The State Of Tamil Nadu

2025-10-08Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16971 of 2025 Chellapandiyammal @ Pandiyammal ... Petitioner/Accused No.2 Vs.

The State of Tamil Nadu rep by 1.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni Distirct.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

In (Crime No.258 of 2025)

...Respondent/Respondent

3.Bagavathi

...Respondent/Complainant

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni, to accept the surrender of the petitioner and consider their bail application on same day in accordance with Crime No.258 of 2025 on the file of the 2nd respondent Police.

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For Petitioner : Mr.J.Senthil Kumaraiah For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the Learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni, and to consider and dispose of her bail application in Crime No.258 of 2025 on the file of the 2nd respondent herein on the same day of her surrender before the said Court.

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 Court for Trial of Cases under SC/ST (POA) Act, Theni, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.258 of 2025 registered for the offences under Section 296(b), 351(2) of BNS and Section 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 disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioner and pass orders, after affording due opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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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. 08.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Ns To 1.Learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni, 2.1.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni Distirct.

3.The Inspector of Police, Periyakulam Police Station, Theni District.

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

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SUNDER MOHAN, J.

Ns Crl.O.P(MD).No.16971 of 2025 08.10.2025 4/4