Baskaran v. The State Of Tamilnadu Rep By The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.18820 of 2025 Baskaran ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.

2.The State represented by, The Inspector of Police, Palayanur Police Station, Sivagangai District.

Crime No.91 of 2025.

... Respondents 1 & 2/Complainant 3.Palani Selvam ... 3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai to accept the petitioner's surrender and to pass order on the bail petition on the same day in Crime No.91 of 2025 on the file of the second respondent police.

For Petitioner : Mr.R.Surianarayanan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai, to consider his bail application on the same day of his surrender in Crime No.91 of 2025 on the file of the second 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 learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.91 of 2025 for the offences under Sections 296(b), 115(2) and 351(2) of BNS, 2023 and Section 4 of TNPHW and Sections 3(1)(r) and 3(1)(s) 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 2/4

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. 29.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.

2.The State represented by, The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.18820 of 2025 29.10.2025 4/4