Madras High CourtCRL OP(MD)/18313/2025ordered

Shenthil @ Rajarajan v. The State Of Tamil Nadu

2025-10-23Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

1. Shenthil @ Rajarajan,

2. Mariappan,

3. Murugan, ... Petitioners Vs

1. The Deputy Superintendent of Police, Kadayanallur Sub Division, Tenkasi District..

2. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

Crime No.527 of 2025..

3. Chandrasekar, S/o. Gurusamy, ... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Learned District Principal Sessions Court cum PCR Court, Tenkasi to consider the bail application of the Petitioners on the same day of surrender in Cr.No.527 of 2025 on the file of the 2nd Respondent Police.

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For Petitioner : Mr.M.Prabu, For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the Learned District Principal Sessions Court Cum PCR Court, Tenkasi to pass order on their bail petition on the same day of surrender in Crime No.527 of 2025 on the file of the second respondent police.

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 District Principal Sessions Court Cum PCR Court, Tenkasi to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.527 of 2025 registered for the offences under Sections 296(b), 115(2), 127(2), 2/5

351(3) of BNS, 2023, Section 3(1)(r) and 3(1)(s) and 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment 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.

5. This Criminal Original Petition is ordered accordingly. 23.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No tta 3/5

1. The District Principal Sessions Court cum PCR Court, Tenkasi.

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

3. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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

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SUNDER MOHAN,J tta

ORDER

IN CRL OP(MD) No.18313 of 2025 Date : 23/10/2025 5/5