Madras High CourtCRL OP(MD)/17375/2025ordered

Vanitha 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

1. Vanitha,

2. Maheshkumar,

3. Kathirvel, ... Petitioners Vs 1.The Deputy Superintendent of Police, Karur Town Sub Division,

2. The Inspector of Police, Thanthonimalai Police Station, (Crime No.278/2025).

3.Sathya ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for Trial of Cases under SC/ST (POA) Act, Karur to accept the surrender of the petitioners and consider their bail application on same day in connection with Crime No.278/2025 on the file of the second respondent police.

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For Petitioners : Mr.J.Senthil Kumaraiah For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Special Judge for Trial of Cases under SC/ST (POA) Act, Karur, to consider their bail application on the same day of surrender in Crime No.278 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 SC/ST Act Cases (PCR Court), Thoothukudi, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.278 of 2025 registered for the offences under Section 296(b), 351(2) of BNS and Sections 3(1) (r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition 2/4

shall consider the gravity of the offence, previous antecedent of the petitioners 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 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 cp To 1.The Special Judge for SC/ST Act Cases (PCR Court), Thoothukudi.

2.The Deputy Superintendent of Police, Karur Town Sub Division, 3/4

SUNDER MOHAN,J CP 3.The Inspector of Police, Thanthonimalai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17375 of 2025 Date : 13/10/2025 4/4