Madras High CourtCRL OP(MD)/17119/2025ordered

Maharasi v. The State Of Tamil Nadu

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 Maharasi ... Petitioner Vs

1. The State of Tamil Nadu, Rep by the Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thalaiyuthu, 2.The State of Tamilnadu, Rep by its the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District, Crime No.565/2025.

3.Murugesh ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Trial of Cases under SC/ST(POA) Act, Tirunelveli District to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on her surrender in connection with the case in crime No.565 of 2025 on the file of the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District. 1/4

For Petitioner : Mr.S.Micheal Heldon Kumar For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Special Judge for Trial of Cases under SC/ST(POA) Act, Tirunelveli District, to consider her bail application on the same day of surrender in Crime No.565 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 Trial of Cases under SC/ST(POA) Act, Tirunelveli District, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.565 of 2025 registered for the offences under Sections 296(b), 115(2), 318(2) of BNS, 2023 and Section 4 of TNPHW Act r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and pass appropriate orders in accordance with 2/4

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. 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 Special Judge for Trial of Cases under SC/ST(POA) Act, 3/4

SUNDER MOHAN,J CP 2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thalaiyuthu, 3.The Inspector of Police, Thalaiyuthu Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17119 of 2025 Date : 13/10/2025 4/4