Madras High CourtCRL OP(MD)/17495/2025ordered

Subash v. The State Of Tamil Nadu,

2025-10-15Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17495 of 2025 Subash ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu, Represented by the Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.489 of 2025).

... 1st & 2nd Respondents/Complainant 3.Pushpa Priyanga ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the II Additional District and Sessions Court (PCR Court), Tirunelveli District to consider the petitioner's bail application on the same day of surrender in Crime No.489 of 2025 dated 17.09.2025 on the file of the 2nd respondent Police.

For Petitioner : Mr.R.Muthuram For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the II Additional District and Sessions Court (PCR Court), Tirunelveli District, and to consider and dispose of his bail application in Crime No.489 of 2025 dated 17.09.2025 on the file of the 2nd respondent herein on the same day of his surrender before the said Court.

2. Since this Court is directing the Court below to consider the bail application after giving notice to the victim, notice to the victim in this case is dispensed with.

3. 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 II Additional District and Sessions Court (PCR Court), Tirunelveli District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.489 of 2025 registered for the offences under Sections 126(2), 296(b), 351(2) of BNS, 2023, Section 4 of TNPHW Act and 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 disposing the bail petition shall consider the gravity 2/5

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.

4. 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.

5. This Criminal Original Petition is ordered accordingly. 15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The II Additional District and Sessions Court (PCR Court), Tirunelveli District.

2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.17495 of 2025 15.10.2025 5/5