Madras High CourtCRL OP(MD)/18126/2025ordered

Thaineesh Merry 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.18126 of 2025 1.Thaineesh Merry 2.Parthiban ... Petitioners/Accused 1 & 2 Vs.

1.State of Tamil Nadu rep. by, The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

2.State of Tamil Nadu, Rep. by, The Sub Inspector of Police, Panayappatti Police Station, In Crime No.81/2025, Pudukkottai District.

... Respondents 1 & 2/Complainants 3.Uthami ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Principal District and Sessions Judge, Pudukkottai, under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 to accept the surrender of the petitioners and dispose of the bail application of the petitioners in connection with Crime No.81 of 2025 on the file of the second respondent Police on merits on the same day.

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For Petitioners : Mr.N.Palaniyandi For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned Principal District and Sessions Judge, Pudukkottai, under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 to accept the surrender of the petitioners and dispose of the bail application of the petitioners in connection with Crime No.81 of 2025 on the file of the second respondent Police on merits on the same day.

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 Principal District and Sessions Judge, Pudukkottai to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.81 of 2025 registered for the offences under Section 296(b), 115(2), 351(2) of BNS, 2023, Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of 2/5

Atrocities) Amendment Act, 2015 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.

5. This Criminal Original Petition is ordered accordingly. 17.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Principal District and Sessions Judge, Pudukkottai.

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2.The Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

3.The Sub Inspector of Police, Panayappatti Police Station, Pudukkottai 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.18126 of 2025 17.10.2025 5/5