Madras High CourtCRL OP(MD)/18472/2025ordered

Ashok @ Ashokkumar v. The State Of Tamilnadu

2025-11-07Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.18472 of 2025 Ashok @ Ashokkumar ... Petitioner/Sole Accused Vs.

1.State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.State of Tamil Nadu, Rep. by the Inspector of Police, Karambakudi Police Station, Pudukottai District.

(Crime No.257/2025) ... Respondents 1 & 2/Complainants 3.Vinoth ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Special Court for the exclusive Trial of SC and ST (POA) Act Cases, Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.257 of 2025 dated 11.10.2025.

1/5

For Petitioner : M/s.M.Viji For R-1 & R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

The petitioner seeks a direction to the Special Court for the Exclusive Trial of SC and ST (POA) Act Cases, Pudukkottai to accept his surrender and consider his bail application on the same day on merits relating to Crime No.257 of 2025 dated 11.10.2025.

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 Special Court for the Exclusive Trial of SC and ST (POA) Act Cases, Pudukkottai to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.257 of 2025 for the offences under Section 126(2), 296(b), 115(2), 324(4) of BNS, 2023, Section 3(1)(r), 3(1)(s) and 3(2)(va) of 2/5

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. 07.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The Special Court for the exclusive Trial of SC and ST (POA) Act Cases, Pudukkottai.

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

3.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

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

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.18472 of 2025 07.11.2025 5/5