Madras High CourtCRL OP(MD)/18641/2025ordered

D. Arul Selvam, v. The Deputy Superintendent Of Police, Thalaiyuthu Sub Division,

2025-10-29Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.18641 of 2025 Arulselvam ... Petitioner /Accused No. 4 Vs.

1. State of Tamil Nadu rep. By The Deputy Superintendent of Police, Thalaiyuthu Sub Division, Tirunelveli District.

3. The Inspector of Police, Thalaiyuthu Police station, Tirunelveli District.

(Crime No.612 /2025) .. Respondents 1 & 2 / complainants

3. Mano Selvam ..3rd Respondent/ defacto complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023 to direct the II Additional Sessions Court (PCR), Tirunelveli District to consider and dispose of the bail application filed by the petitioner in Crime No.612 of 2025 dated 14.10.2025 on the file of the 2nd respondent herein on the same day of his surrender before the said Court.

For Petitioners : Ms.V.Muthulakshmi For Respondents 1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the II Additional Sessions Court (PCR), Tirunelveli District, to consider his bail application on the same day of his surrender in Crime No.612 of 2025 on the file of the 2nd 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 II Additional Sessions Court (PCR), Tirunelveli District, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.612 of 2025 for the offences under Sections 189(2), 126(2), 296(b), 115(2) and 351(3) of BNS, 2023 r/w. Sections 3(1)(r), 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 petitioner and pass orders, after affording due opportunity of hearing to the 2/5

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. 29.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The II Additional Sessions Court (PCR), Tirunelveli District.

2.The Deputy Superintendent of Police, Thalaiyuthu Sub Division, Tirunelveli District.

3.The Inspector of Police, Thalaiyuthu Police station, Tirunelveli District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.18641 of 2025 29.10.2025 5/5