Madras High CourtCRL OP(MD)/17662/2025ordered

Sathish @ Sathish Kumar v. The State Of Tamilnadu

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.17662 of 2025 Sathish @ Sathish Kumar ... Petitioner/4th Accused Vs.

1.The State of Tamilnadu, Represented by the Deputy Superintendent of Police, 2.The Inspector of Police, Cr.No.293/2022.

... 1st & 2nd Respondents/Complainant 3.Arivupiththan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned 1st Additional District and Sessions Judge (PCR Court), Thanjavur to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.293 of 2022 dated 04.05.2022.

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

ORDER

The petitioner seeks a direction to the learned 1st Additional District and Sessions Judge (PCR Court), Thanjavur to consider and dispose of his bail application in Crime No.293 of 2022 dated 04.05.2022 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 learned 1st Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No. 293 of 2022 for the offences under Sections 147, 294(b), 323, 379 of IPC 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 2/5

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. 15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The 1st Additional District and Sessions Court, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, 3/5

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

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.17662 of 2025 15.10.2025 5/5