Madras High CourtCRL OP(MD)/18587/2025ordered

Suthamani @ Sudhamani Kani v. The State Of Tamilnadu, Rep. By Its, The Deputy Superintendent Of Police,

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.18587 of 2025 Suthamani ... Petitioners /Accused No.3 Vs.

1. The Deputy Superintendent of Police, Andipatti, Theni District.

3. The Inspector of Police, Varasanadu Police Station, Theni District.

(Crime No.132/2024) .. Respondents 1 & 2 / complainants

3. Velmani ..3rd Respondent/ defacto complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023 to direct the Special Court for Trial of case under SC/ST (POA) Act, Theni to consider the bail application on her surrender on the same day, if any petition filed by the petitioner in Crime No.132 of 2025 on the file of the 2nd respondent.

For Petitioner : Mr.A.Manoj Prabakar For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The petitioner seeks a direction to the Special Court for Trial of case under SC/ST (POA) Act, Theni, to consider his bail application on the same day of his surrender in Crime No.132 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 Special Court for Trial of case under SC/ST (POA) Act, Theni, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.132 of 2025 for the offences under Section 296(b), 115(2), 118(1), 3(5), 351(3), 109(1) 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 Special Court for Trial of case under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Andipatti, Theni District.

3.The Inspector of Police, Varasanadu Police Station, Theni District.

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

4/5

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.18587 of 2025 29.10.2025 5/5