Madras High CourtCRL OP(MD)/17374/2025ordered

Muthumeena 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. Muthumeena,

2. Nalraj,

3. Muthumari, ... Petitioners Vs 1.The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Theni Sub Division, 2.The Inspector of Police, Palanichettypatti Police Station, (Crime No.437/2025).

3.Jagadeeskumar ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for the Exclusive Trial of SC and ST cases, Theni, to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of his surrender in Crime No.437 of 2025 on the file of the second respondent in accordance with law.

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For Petitioners : Dr.R.Alagumani, For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Special Judge for the Exclusive Trial of SC and ST cases, Theni, to consider their bail application on the same day of surrender in Crime No.437 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 the Exclusive Trial of SC and ST cases, Theni, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.437 of 2025 registered for the offences under Sections 115(2), 296(b) and 351(2) of BNS and Sections 3(i)(r), 3(i)(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 2/4

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 CP To 1.The Special Judge for the Exclusive Trial of SC and ST cases, Theni.

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

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

ORDER

IN CRL OP(MD) No.17374 of 2025 Date : 13/10/2025 4/4