Madras High CourtCRL OP(MD)/18133/2025ordered

A.Annamalaikumar @ Saravanan v. The State Of Tamilnadu

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.18133 of 2025 A.Annamalaikumar @ Saravanan ... Petitioner/Accused No.3 Vs.

1.The State rep. by, The Deputy Superintendent of Police, Alangulam Sub Division, Tenkasi District.

... 1st Respondent/Investigation Officer 2.The State, Rep. by, The Inspector of Police, Kadayam Police Station, Tenkasi District.

(Crime No.343 of 2025) ... 2nd Respondent/Complainant 3.Marimuthu @ Thavidan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code (528 of BNSS, 2023), to direct the Hon'ble Principal District and Sessions Judge, (PCR Court), Tenkasi District to dispose the bail application of the petitioner on merits on the same day of his surrender before the above concerned court pending investigation of F.I.R. in Crime No.343 of 2025 on the file of the second respondent Police Station. 1/5

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

ORDER

The petitioner seeks a direction to the learned Principal District and Sessions Judge, (PCR Court), Tenkasi District to dispose the bail application of the petitioner on merits on the same day of his surrender before the above concerned court pending investigation of FIR in Crime No.343 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 Principal District and Sessions Judge, (PCR Court), Tenkasi District to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.343 of 2025 registered for the offences under Section 191(2), 126(2), 296(b), 118(1), 115(2), 351(3) of BNS, 2023, Section 3(1)(r) and 3(1) 2/5

(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 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 Principal District and Sessions Court, (PCR Court), Tenkasi District.

2.The Deputy Superintendent of Police, Alangulam Sub Division, Tenkasi District.

3.The Inspector of Police, Kadayam Police Station, Tenkasi 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.18133 of 2025 17.10.2025 5/5