Madras High CourtCRL OP(MD)/18936/2025ordered

R.Ashokkumar 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.18936 of 2025 1.R.Ashok 2.P.Ramasamy ... Petitioners/Accused No. 1 and 2 Vs.

1.The State of TamilNadu, Rep. by its The Deputy Superintendent of Police, Andipatti Sub Division, Andipatti, Theni District.

2.The Inspector of Police, Kadamalaikundi Police Station, Theni District.

(Crime No.291/2025) ... 1st and 2nd Respondents/Complainants 3.S.Subburaj ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Special Court of SC/ST (PoA) Act (Sessions Judge), Theni to accept the surrender of the petitioners and consider their bail application on the same date itself in connection with the case in crime No.291 of 2025 on the file of the 2nd respondent Police.

For Petitioners : Mr.Chellapandian M.

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

ORDER

The petitioners seek a direction to the Special Court of SC/ST (PoA) Act (Sessions Judge), Theni, to pass order on their bail petition on the same day of surrender in Crime No.291 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 Special Court of SC/ST (PoA) Act (Sessions Judge), Theni, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.291 of 2025 registered for the offences under Sections 296(b), 351(2), 318(2), 318(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 Special Court of SC/ST(POA) Act (Sessions Judge), Theni.

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

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

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

SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.18936 of 2025 05.11.2025