Chandrasekar 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

1. Chandrasekar

2. Vasanthi ... Petitioners Vs The State of Tamil Nadu rep. by 1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2. The Inspector of Police, Sindhupatti Police Station, Madurai District.

(Crime No. 125/2025).

3.Perumal ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned III Additional District and Sessions Judge/Special Court of Exclusive Trial of Cases under SC/ST(POA), Act, 1989, Madurai, to consider the petitioner's bail application on the same day of their surrender in Crime No.125/2025 on the file of the second respondent police.

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For Petitioners : Mr.S.Muniyandi, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned III Additional District and Sessions Judge/Special Court of Exclusive Trial of Cases under SC/ST(POA), Act, 1989, Madurai, to consider their bail application on the same day of surrender in Crime No.125 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 and Sessions Judge/Special Court of Exclusive Trial of Cases under SC/ST(POA), Act, 1989, Madurai, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.125 of 2025 registered for the offences under Sections 296(b) and 115(2) of BNS r/w Sections 3(i)(r), 3(i)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) 2/4

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 petitioners and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

3. The petitioners 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 petitioners 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 To 1.III Additional District and Sessions Judge/ Special Court of Exclusive Trial of Cases under SC/ST(POA), Act, 1989, Madurai, 3/4

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

2. The Inspector of Police, Sindhupatti Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.17372 of 2025 Date : 13/10/2025 4/4