Madras High CourtCRL OP(MD)/18914/2025ordered

Arumugam v. The State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police,

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.18914 of 2025 Arumugam ... Petitioner/ Sole Accused Vs.

1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The State of Tamilnadu, Represented through by, The Inspector of Police, Nanguneri Police Station, Nanguneri,Tirunelveli District (Crime No.558 of 2025) ... Respondents1 & 2/Complainants 3.Marimuthu ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, directing the II Additional Sessions Court, Tirunelveli District to accept his surrender and subsequent bail application of the petitioner herein in respect of Crime No. 558/2025 on the file of the Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District and later consider the same on merits and in accordance with law on the same day forthwith.

For Petitioner : Mr.S.Palanivelayutham For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the II Additional Sessions Court, Tirunelveli District, to consider his bail application on the same day of his surrender in Crime No.558 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, Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.558 of 2025 for the offences under Section 296(b), 131, 351(2) of BNS, 2023 and Section 4 of TNPHW Act, 2002 and 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 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. 05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The II Additional Sessions Court, Tirunelveli 2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Nanguneri Police Station, Nanguneri,Tirunelveli District.

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

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.18914 of 2025 05.11.2025