Madras High CourtCRL OP(MD)/18058/2025ordered

Sumathi 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.18058 of 2025 Sumathi ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, ... 1st Respondent 2.The State rep. by, The Inspector of Police, Elayangudi Police Station, (Crime No.260 of 2025) ... 2nd Respondent/Complainant 3.Ramuammal ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to pass an order permitting the petitioners to surrender before the learned Additional District and Sessions Court for Exclusive Trial of PCR Act Cases, Sivagangai in Crime No.260 of 2025 on the file of the 2nd respondent police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith. 1/5

For Petitioner : M/s.M.Keerthi Prasanna For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Additional District and Sessions Judge for Exclusive Trial of PCR Act Cases, Sivagangai to accept the surrender of the petitioner and consider her bail application on the same day in Crime No.260 of 2025 on the file of the second 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 Additional District and Sessions Judge for Exclusive Trial of PCR Act Cases, Sivagangai to consider the petitioner's bail application on the same day of her surrender in connection with Crime No.260 of 2025 registered for the offences under Section 296(b), 351(3) of BNS, 2023, Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in 2/5

accordance 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 To 1.The Additional District and Sessions Court for Exclusive Trial of PCR Act Cases, Sivagangai.

2.The Deputy Superintendent of Police, 3/5

3.The Inspector of Police, Elayangudi 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.18058 of 2025 17.10.2025 5/5