Madras High CourtCRL OP(MD)/18684/2025ordered

Madasamy v. The State Of Tamilnadu, Represented Through 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.18684 of 2025 1.Madasamy 2.Selva Vijay @ Selva Vijayan 3.Pushpa ... Petitioners/Accused 1 to 3 Vs.

1.The State of Tamilnadu, Represented through The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

2.The State of Tamilnadu, Rep. by the Sub Inspector of Police, Kayathar Police Station, Thoothukudi District.

(Crime No.389 of 2025).

... 1st and 2nd Respondents /Complainants 3.Kathiravan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court for Offences under (SC and ST) POA Amendment Act Cases (PCR), Thoothukudi, to consider the bail application of the petitioners on the same day of surrender in Crime No.389 of 2025 on the file of the 2nd respondent Police.

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For Petitioners : Mr.M.Prabu For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the Special Court for Offences under (SC and ST) POA Amendment Act Cases (PCR), Thoothukudi, to pass order on their bail petition on the same day of surrender in Crime No.389 of 2025 on the file of the Sub-Inspector of Police, Kayathar Police Station, Thoothukudi District.

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 Offences under (SC and ST) POA Amendment Act Cases (PCR), Thoothukudi, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.389 of 2025 registered for the offences under Sections 296(b), 118(1), 351(3) of BNS, 2023, Section 3(1)(r) 2/5

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

To 1.The Special Court for Offences under (SC and ST) POA Amendment Act Cases (PCR), Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

3.The Sub Inspector of Police, Kayathar Police Station, Thoothukudi 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.18684 of 2025 29.10.2025 5/5