Madras High CourtCRL OP(MD)/17915/2025ordered

Kannan @ M.Madhusudhanan v. The State Of Tamil Nadu

2025-10-17Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17915 of 2025 Kannan @ M.Madhusudhanan ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu Rep. by, The Deputy Superintendent of Police, Alangulam, ... 1st Respondent/Investigating Officer 2.The State of Tamil Nadu Rep. by, The Inspector of Police, Uthumalai Police Station, (Crime No.361/2025) ... 2nd Respondent/Complainant 3.Cinnathai ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Court (Special Court for PCR cases), Tenkasi District to consider the petitioner bail application on his surrender on the same day in respect of Crime No.361/2025 on the file of the 2nd respondent Police.

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

ORDER

The petitioner seeks a direction to the learned Principal District and Sessions Judge, (Special Court for PCR cases), Tenkasi District to consider the petitioner's bail application on his surrender on the same day in respect of Crime No.361/2025 on the file of the 2nd respondent Police.

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 learned Principal District and Sessions Judge, (Special Court for PCR cases), Tenkasi District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.361 of 2025 registered for the offences under Section 329(4), 324(2), 296(b), 131, 351(3) of BNS, 2023, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, 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 2/5

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.

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. 17.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Principal District and Sessions Court, (Special Court for PCR cases), 2.The Deputy Superintendent of Police, Alangulam, 3/5

3.The Inspector of Police, Uthumalai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.17915 of 2025 17.10.2025 5/5