Madras High CourtCRL OP(MD)/19017/2025ordered

Kabilan @ Dhanaraj v. The State Of Tamilnadu, Represented Through 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.19017of 2025 1.Kabilan @ Dhanaraj .....Petitioner No. 1/Accused No. 3 2.Balasubramaniyan ... Petitioner No.2/Accused Rank not known Vs.

1.The State Represented through the The Deputy Superintendent of Police, Manachanallur, Tiruchirappalli District.

2.The Inspector of Police, Manachanallur Police Station, Trichy District.

(Crime No.641/2025) ... 1st and 2nd Respondents/Complainants 3.Vasanth ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, To direct the learned the I-Additional District Judge (PCR) Court, Tiruchirappalli to consider the bail application of the petitioners on the same day of surrender in Crime No.641 of 2025 on the file of the 2nd respondent Police. For Petitioners : Mr.T. Gopala Krishnan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioners seek a direction to the learned the I Additional District Judge (PCR) Court, Tiruchirappalli, to pass order on their bail petition on the same day of surrender in Crime No.641 of 2025 on the file of the second respondent Police.

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 I Additional District Judge (PCR) Court, Tiruchirappalli, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.641 of 2025 registered for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, 2023, Section 3(1)(r) 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. 05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To

1. The I Additional District Judge (PCR) Court, Tiruchirappalli 2.The Deputy Superintendent of Police, Manachanallur, Tiruchirappalli District.

3.The Inspector of Police, Manachanallur Police Station, Trichy District.

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

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.19017of 2025 05.11.2025