Madras High CourtCRL OP(MD)/17294/2025ordered

Salasundaram 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 Salasundaram, ... Petitioner Vs 1.The State of Tamil Nadu, Rep by the Superintendent of Police, O/o.The Superintendent of Police, Thanjavur, Thanjavur District.

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Taluk Police Station, Thanjavur, Thanjavur District.

3.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District, Crime No.661/2025.

4. Senthilkumar ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to permit the petitioner to surrender before the PCR Court, Thanjavur in connection with Crime No.661/2025 on the file of the Inspector of Police, Taluk Police Station, Thanjavur, Thanjavur District and consider her bail application on the date of her surrender i.e., on the 1/4

same day in accordance with law.

For Petitioner : Mr.R.Senthil Kumar For R1 to R3 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act 1989, PCR Court, Thanjvur, to consider her bail application on the same day of surrender in Crime No.661 of 2025 on the file of the third 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 Exclusive Trial of Cases under SC/ST (POA) Act 1989, PCR Court, Thanjvur, to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.661 of 2025 registered for the offences under Sections 115(2) of BNS Act and Sections 3(1)(r), 3(1)(s), and 3(2)(va) 2/4

of SC/ST (Prevention of Atrocities) Act 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.

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 Exclusive Trial of Cases under SC/ST (POA) Act 1989, PCR Court, Thanjvur. SUNDER MOHAN,J 3/4

CP 2.The Superintendent of Police, O/o.The Superintendent of Police, Thanjavur,Thanjavur District.

3. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Taluk Police Station, Thanjavur, Thanjavur District.

4.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.17294 of 2025 Date : 13/10/2025 4/4