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Madras High CourtCRL OP(MD)/18014/2025ordered

Iyyanar @ Suriya 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.18014 of 2025 Iyyanar @ Suriya ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu Rep. by, The Assistant Commissioner of Police, Gandhi Market, Trichy, Trichy District.

2.The State of Tamil Nadu Rep. by, The Inspector of Police, Gandhi Market Police Station, Trichy District.

(Crime No.369/2025) ... Respondents 1 & 2/Complainants 3.Alamelu ... 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 (Special Judge for PCR Cases), Trichirappalli to consider the petitioner's bail application on the same day of his surrender in Crime No.369 of 2025 on the file of the 2nd respondent.

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For Petitioner : Mr.M.Alaudheen For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned 1st Additional District and Sessions Judge (Special Judge for PCR Cases), Trichirappalli to consider his bail application on the same day of his surrender in Crime No.369 of 2025 on the file of the 2nd respondent.

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 (Special Judge for PCR Cases), Trichirappalli to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.369 of 2025 for the offences under Section 296(b), 118(1) and 351(3) of BNS, 2023 and Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance 2/5

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 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 3/5

To 1.The 1st Additional District and Sessions Court, (Special Judge for PCR Cases), Trichirappalli. 2.The Assistant Commissioner of Police, Gandhi Market, Trichy, Trichy District.

3.The Inspector of Police, Gandhi Market Police Station, Trichy District.

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.18014 of 2025 17.10.2025 5/5