Karuppaiya v. The State Of Tamilnadu, Rep. By Its, The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL.O.P (MD) No.18128 of 2025

1. Karuppaiya

2. Lakshmi ... Petitioners Vs

1. The State of Tamilnadu, Rep., By Its, the Superintendent of Police, Manapparai Circle, Trichy District.

2. The State of Tamilnadu, Rep., By Its, the Inspector of Police, Thuvarankurichy Police Station, Thuvarankurichy, Trichy District.

(Crime No.289 of 2025).

3. Thangaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases I - Learned Additional Sessions Judge, (PCR Court) Trichy to accept the surrender of the petitioners / Accused No.2 and 4 and consider the petitioners' bail application and grant 1/5

bail on the same date of surrender itself in Crime No.289 of 2025 on the file of the first respondent police.

For Petitioner : Mr.T. Vadivelan, For R1 - R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The petitioners seek a direction to the learned I Additional Sessions Judge, (PCR Court), Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Trichy, to pass order on their bail petition on the same day of surrender in Crime No.289 of 2025 on the file of the Inspector of Police, Thuvarankurichy Police Station, Trichy District.

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 2/5

taking into consideration of the facts of the case, there shall be a direction to the learned I Additional Sessions Judge, (PCR Court), Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Trichy, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.289 of 2025 registered for the offences under Section 296(b), 118(1), 324(4), 351(3) of BNS, 2023, Section 3(1)(r) and 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 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.

4. 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.

3/5

5. This Criminal Original Petition is ordered accordingly. 22.10.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. I Additional Sessions Judge, (PCR Court), Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Trichy,

2. The State of Tamilnadu, Rep., By Its, the Superintendent of Police, Manapparai Circle, Trichy District.

3. The State of Tamilnadu, Rep., By Its, the Inspector of Police, Thuvarankurichy Police Station, Thuvarankurichy, Trichy District.

(Crime No.289 of 2025).

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

4/5

SUNDER MOHAN , J.

LR CRL.O.P (MD) No.18128 of 2025 22.10.2025 5/5